R. v. Shatford

R. v. Shatford

The pound was convicted because the documented sale was a wholesale transaction not covered by any statutory or regulatory exemption and the defendant failed to establish due diligence on a balance of probabilities (a verbal warning was insufficient and corporate records reflected a business-to-business sale); Daniel Shatford was acquitted for lack of evidence of personal involvement.

Citation
2008 NSPC 18
Parties
Crown: R.; Defendant: Daniel Shatford; Defendant: Shatford’s Lobster Pound Ltd.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
30 April 2008
Procedural Posture
Regulatory Criminal Prosecution Under Provincial Fisheries Act / Trial Judgment
Outcome
Shatford’s Lobster Pound Ltd. convicted; Daniel Shatford acquitted.
Legal Topics
Licence Requirements, Due Diligence Defence, Exemption Interpretation, Strict Liability, Interpretation of Permits
Source Language
English
Fisheries Law Regulatory Offences Administrative Law Food Safety Regulation Licence Requirements Due Diligence Defence Exemption Interpretation Strict Liability +1 more

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Parties

R.

Crown

Daniel Shatford

Defendant

Shatford’s Lobster Pound Ltd.

Defendant

Procedural Posture

Regulatory Criminal Prosecution Under Provincial Fisheries Act / Trial Judgment

Legal Issues

  1. 1 Whether the transaction was exempt under the regulations or permits from the licence requirement under s.73
  2. 2 Whether the defendant established the due diligence defence under s.111
  3. 3 Whether Daniel Shatford was personally liable for the offence

Ratio Decidendi

The pound was convicted because the documented sale was a wholesale transaction not covered by any statutory or regulatory exemption and the defendant failed to establish due diligence on a balance of probabilities (a verbal warning was insufficient and corporate records reflected a business-to-business sale); Daniel Shatford was acquitted for lack of evidence of personal involvement.

Court Disposition

Shatford’s Lobster Pound Ltd. convicted; Daniel Shatford acquitted.

Orders

  • Shatford’s Lobster Pound Ltd. found guilty of the offence contrary to s.73 of the Nova Scotia Fisheries and Coastal Resources Act.
  • Charge against Daniel Shatford dismissed.