R. v. Kaiser

R. v. Kaiser

The court held that the Crown proved beyond reasonable doubt the defendants fished within the intended Bayport closed area and that the defendants exceeded the applicable daily quota; officially induced error was not established because no one from the Department misled them as to the intended closure line, and due...

Source-derived case information.

Citation
2002 NSPC 11
Parties
Prosecutor: Her Majesty the Queen; Defendant: Terry Kaiser; Defendant: David Silver
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 July 2001
Procedural Posture
Criminal Fisheries Act Offences / Provincial Court Trial Decision
Outcome
Acquitted on the undersized scallops charge; convicted of fishing in the closed area and of exceeding the daily limit.
Legal Topics
Closed Fishing Area, Officially Induced Error, Due Diligence Defence, Strict Liability, Licence Conditions, Undersized Catch, Daily Catch Limit
Source Language
english
Fisheries Law Criminal Law Administrative Law Regulatory Offences Closed Fishing Area Officially Induced Error Due Diligence Defence Strict Liability +3 more

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Parties

Her Majesty the Queen

Prosecutor

Terry Kaiser

Defendant

David Silver

Defendant

Procedural Posture

Criminal Fisheries Act Offences / Provincial Court Trial Decision

Legal Issues

  1. 1 Whether the Crown proved beyond reasonable doubt that the defendants fished in the closed area
  2. 2 Whether the defendants can rely on officially induced error
  3. 3 Whether the defendants established due diligence regarding possession of undersized scallops

Ratio Decidendi

The court held that the Crown proved beyond reasonable doubt the defendants fished within the intended Bayport closed area and that the defendants exceeded the applicable daily quota; officially induced error was not established because no one from the Department misled them as to the intended closure line, and due diligence succeeded only for the undersized scallops charge given emergency cold conditions that made immediate measurement unsafe. Therefore the defendants were acquitted of the undersized‑scallop offence but convicted of fishing in the closed area and of exceeding the daily limit.

Court Disposition

Acquitted on the undersized scallops charge; convicted of fishing in the closed area and of exceeding the daily limit.

Orders

  • Not guilty on count 1 (failing to release undersized scallops)
  • Guilty on count 2 (fishing in the closed area)