R. v. Shatford

R. v. Shatford

Because the principal Crown witness was found unreliable, there was insufficient admissible evidence of misreporting, and buying from a licensed fisherman satisfied due diligence in the absence of circumstances that would have alerted the buyer to illegality, the accused and company were not guilty of the s.33 Fisheries Act charges.

Citation
2012 NSPC 75
Parties
Prosecutor: R.; Defendant: Daniel Shatford; Defendant: Shatford’s Lobster Pound Limited
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 August 2012
Procedural Posture
Criminal (fisheries Act S.33) / Trial Decision Acquittal
Outcome
Accused Daniel Shatford and Shatford’s Lobster Pound Limited acquitted (not guilty) of charges under s.33 of the Fisheries Act
Legal Topics
Strict Liability, Due Diligence Defence, Possession of Fish, Dockside Monitoring, Misreporting/false Documentation
Source Language
English
Criminal Law Fisheries Law Strict Liability Due Diligence Defence Possession of Fish Dockside Monitoring Misreporting/false Documentation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

R.

Prosecutor

Daniel Shatford

Defendant

Shatford’s Lobster Pound Limited

Defendant

Procedural Posture

Criminal (fisheries Act S.33) / Trial Decision Acquittal

Legal Issues

  1. 1 Whether defendants possessed fish caught in contravention of the Fisheries Act (s.33)
  2. 2 Whether defendants established the due diligence or honest mistake defences under s.78.6 of the Fisheries Act
  3. 3 Whether the evidence of the co-accused (Westhaver) was reliable enough to prove actus reus and mens rea

Ratio Decidendi

Because the principal Crown witness was found unreliable, there was insufficient admissible evidence of misreporting, and buying from a licensed fisherman satisfied due diligence in the absence of circumstances that would have alerted the buyer to illegality, the accused and company were not guilty of the s.33 Fisheries Act charges.

Court Disposition

Accused Daniel Shatford and Shatford’s Lobster Pound Limited acquitted (not guilty) of charges under s.33 of the Fisheries Act

Orders

  • Defendants acquitted of the charges
  • Defendants discharged and released