R. v. Daigle (E.), (1989) 101 N.B.R.(2d) 373 (PC)

• Judge: Dumas, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: May 10, 1989
• Jurisdiction: New Brunswick
• Citations: (1989), 101 N.B.R.(2d) 373 (PC)

R. v. Daigle (E.) (1989), 101 N.B.R.(2d) 373 (PC);

    101 R.N.-B.(2e) 373; 254 A.P.R. 373

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty The Queen on the information of Robert LeBlanc v. Emile Daigle, Antoine Daigle, Gerard Daigle

Indexed As: R. v. Daigle (E.)

New Brunswick Provincial Court

Dumas, P.C.J.

May 10, 1989.

Summary:

The accused were charged under s. 19 of the Fisheries Act with illegal fishing. It was alleged that they were caught loading traps onto a lobster boat prior to poaching lobster. The accused moved for a nonsuit at the conclusion of the Crown's evidence. The accused also moved for a finding that s. 19 contravened the Charter by shifting the burden of proof to the accused to prove his innocence.

The New Brunswick Provincial Court allowed a nonsuit and dismissed the charges against the accused. The court did not determine the validity of s. 19.

Fish and Game - Topic 2003

Fishing offences - General - Fishing - Defined - The accused were caught by fisheries officers while loading lobster traps onto a boat prior to poaching - They were charged with illegal fishing - The New Brunswick Provincial Court acquitted the accused - The court stated that fishing excludes the preparatory work on the wharf - Even if there was intent to fish, the actus reus of fishing had not commenced.

Cases Noticed:

R. v. Parks (1983), 50 N.B.R.(2d) 369; 131 A.P.R. 369, refd to. [para. 15].

R. v. Nadeau (1971), 3 C.C.C.(2d) 276, refd to. [para. 16].

Ship Frederick Gerring Jr. v. R.(1897), 27 S.C.R. 271, refd to. [para. 23].

R. v. Johnson and Wilson (1987), 78 N.B.R.(2d) 411; 198 A.P.R. 411, refd to. [para. 23].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 351(1) [para. 28]; sect. 465(1)(d) [para. 30].

Fisheries Act, R.S.C. 1985, c. F-14, sect. 2 [para. 21]; sect. 19 [paras. 1, 5, 20, 22, 26, 27].

Authors and Works Noticed:

Ewaschuk, Criminal Pleadings and Practice in Canada, p. 400 [para. 17].

Counsel:

Alyre Boucher, for the Crown;

Ronald LeBlanc, for the defence.

This case was heard before Dumas, P.C.J., of the New Brunswick Provincial Court, who delivered the following judgment on May 10, 1989.