R. v. High (D.N.) et al., [2003] B.C.T.C. 1723 (SC)

JudgeRogers, J.
CourtSupreme Court of British Columbia (Canada)
Case DateFriday November 07, 2003
JurisdictionBritish Columbia
Citations[2003] B.C.T.C. 1723 (SC);2003 BCSC 1723

R. v. High (D.N.), [2003] B.C.T.C. 1723 (SC)

MLB headnote and full text

Temp. Cite: [2003] B.C.T.C. TBEd. DE.054

Regina (Crown) v. Desmond Norman High and Colin Rupert High (appellants)

(20301; 2003 BCSC 1723)

Indexed As: R. v. High (D.N.) et al.

British Columbia Supreme Court

Quesnel

Rogers, J.

November 13, 2003.

Summary:

This headnote contains no summary.

Fish and Game - Topic 2168

Fishing offences - Particular offences - Harmful alteration, disruption or destruction of fish habitat - See paragraphs 8 to 31.

Cases Noticed:

R. v. Bowcott (S.) et al., [1998] B.C.T.C. Uned. E60 (S.C.), refd to. [para. 6].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351; 36 C.C.C.(3d) 417; 59 C.R.(3d) 108; 17 B.C.L.R.(2d) 1; [1987] 6 W.W.R. 97; 43 D.L.R.(4th) 424, refd to. [para. 7].

British Columbia v. Posselt et al. (1999), 17 B.C.T.C. 212 (S.C.), refd to. [para. 12].

Counsel:

C. Lawlor, for the Crown;

L. Cruickshank, for the appellants.

This appeal was heard on November 7, 2003, before Rogers, J., of the British Columbia Supreme Court, who delivered the following decision on November 13, 2003.

Please note: The following judgment has not been edited.

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3 practice notes
  • Court Of Appeal Summaries (April 18 - 22, 2022)
    • Canada
    • Mondaq Canada
    • April 26, 2022
    ...F-14, Endangered Species Act, 2007, S.O. 2007, c. 6, White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, R. v. High, 2003 BCSC 1723, R. v. Rhodes, 2007 BCPC 1, R. v. Live Nation, 2016 ONCJ 223, R. v. Abbey, 2017 ONCA 640, R. v. Mills, 2019 ONCA 940, R. v. Natsis, 2018 ON......
  • R. v. Larsen (B.) et al., 2014 BCSC 2084
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 29, 2014
    ...whether the Crown had proved the essential elements of the charges, the trial judge reviewed a number of cases; notably, R. v. High , 2003 BCSC 1723; British Columbia v. Posselt (1999), 29 C.E.L.R. (N.S.) 213 (B.C.S.C.); R. v. Leveque (2001), 43 C.E.L.R. (N.S.) 294 (Ont. S.C.J.); R. v. Zube......
  • Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2022 ONCA 315
    • Canada
    • Court of Appeal (Ontario)
    • April 22, 2022
    ...to prove harm to the species when addressing whether a fish habitat has been “altered, disrupted or destroyed”: R. v. High, 2003 BCSC 1723; R. v. Rhodes, 2007 BCPC 1. The appeal judge noted that the definition of damage as including causing something to be “less attract......
2 cases
  • R. v. Larsen (B.) et al., 2014 BCSC 2084
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 29, 2014
    ...whether the Crown had proved the essential elements of the charges, the trial judge reviewed a number of cases; notably, R. v. High , 2003 BCSC 1723; British Columbia v. Posselt (1999), 29 C.E.L.R. (N.S.) 213 (B.C.S.C.); R. v. Leveque (2001), 43 C.E.L.R. (N.S.) 294 (Ont. S.C.J.); R. v. Zube......
  • Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2022 ONCA 315
    • Canada
    • Court of Appeal (Ontario)
    • April 22, 2022
    ...to prove harm to the species when addressing whether a fish habitat has been “altered, disrupted or destroyed”: R. v. High, 2003 BCSC 1723; R. v. Rhodes, 2007 BCPC 1. The appeal judge noted that the definition of damage as including causing something to be “less attract......
1 firm's commentaries
  • Court Of Appeal Summaries (April 18 - 22, 2022)
    • Canada
    • Mondaq Canada
    • April 26, 2022
    ...F-14, Endangered Species Act, 2007, S.O. 2007, c. 6, White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, R. v. High, 2003 BCSC 1723, R. v. Rhodes, 2007 BCPC 1, R. v. Live Nation, 2016 ONCJ 223, R. v. Abbey, 2017 ONCA 640, R. v. Mills, 2019 ONCA 940, R. v. Natsis, 2018 ON......