R. v. Harding (E.), (1990) 87 Nfld. & P.E.I.R. 239 (NFPC)

• Judge: Handrigan, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: December 20, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 87 Nfld. & P.E.I.R. 239 (NFPC)

R. v. Harding (E.) (1990), 87 Nfld. & P.E.I.R. 239 (NFPC);

    271 A.P.R. 239

MLB headnote and full text

Her Majesty the Queen v. Elvis Harding

(1990 Nos. 1692 & 1693)

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

Newfoundland Provincial Court

Judicial Centre of Grand Bank

Handrigan, P.C.J.

December 20, 1990.

Summary:

The accused jigged a salmon. He was charged under s. 13.3(2) of the Newfoundland Fishery Regulations with having in his possession a salmon taken by angling measuring more than 63 cm.

The Newfoundland Provincial Court acquitted the accused.

Fish and Game - Topic 2003

Fishing offences - Fishing defined - By angling and by jigging - The Newfoundland Fishery Regulations, s. 2(1) defined "angling" as fishing with a hook and line and/or rod and defined "jigging or foul hooking" as fishing by manipulating a hook to pierce a fish in any part of its body - The Newfoundland Provincial Court held that the two definitions were mutually exclusive - See paragraphs 7 to 13.

Fish and Game - Topic 2169.1

Fishing offences - Possession of oversized salmon - Section 13.3(2) of the Newfoundland Fishery Regulations prohibited possession of salmon caught by angling that was more than 63 cm. in length - The accused had possession of a jigged salmon more than 63 cm. - The Newfoundland Provincial Court held that s. 13.3(2) did not apply to the jigged salmon - Section 6 of the Regulations applied - Under s. 6 possession of jigged salmon of any length was prohibited - Section 13.3(2) prohibited possession of a salmon that was legally caught (i.e. by angling) if the salmon was more than 63 cm. in length.

Statutes Noticed:

Fisheries Act, R.S.C. 1985, c. F-14, sect. 79(1) [para. 3].

Fisheries Act Regulations, Newfoundland Fishery Regulations, sect. 2(1) [para. 7]; sect. 6 [para. 15]; sect. 13.3(2) [para. 6].

Newfoundland Fishery Regulations - see Fisheries Act Regulations.

Counsel:

Donald A. MacBeath, for the Crown;

Terry D. White, for the defence.

This case was heard before Handrigan, P.C.J., of the Newfoundland Provincial Court, who delivered the following judgment on December 20, 1990.