R. v. Maillet, (1962) 51 N.B.R.(2d) 84 (CA)

JudgeMcNair, C.J.N.B., Bridges and Ritchie, JJ.A.
CourtCourt of Appeal (New Brunswick)
Case DateOctober 25, 1962
JurisdictionNew Brunswick
Citations(1962), 51 N.B.R.(2d) 84 (CA)

R. v. Maillet (1962), 51 N.B.R.(2d) 84 (CA);

    51 R.N.-B.(2e) 84; 134 A.P.R. 84

MLB headnote and full text

Sommaire et texte intégral

R. v. Maillet

Indexed As: R. v. Maillet

Répertorié: R. v. Maillet

New Brunswick Court of Appeal

McNair, C.J.N.B., Bridges and Ritchie, JJ.A.

September 21 and October 25, 1962.

Summary:

Résumé:

The accused fisherman was convicted of possession, without lawful excuse, of undersized lobsters contrary to s. 3(b) of the Lobster Fishery Regulations. The accused appealed.

The New Brunswick County Court, in a decision unreported in this series of reports, dismissed the appeal. The accused appealed.

The New Brunswick Court of Appeal, Bridges, J.A., dissenting, allowed the appeal and acquitted the accused. Bridges, J.A., would have dismissed the appeal.

Fish and Game - Topic 2106

Fishing offences - Defences - Lawful excuse - The accused was charged with possession, without lawful excuse, of undersized lobsters contrary to s. 3(b) of the Lobster Fishery Regulations - The alleged offence occurred while the accused was lawfully fishing for lobster - The accused testified that when apprehended, his crew was in the process of grading their catch for size - The accused measured doubtful sized lobsters only after 10 traps on the line were overhauled - The New Brunswick Court of Appeal, held that the evidence established a lawful excuse for the accused having possession of undersized lobsters and acquitted the accused - See paragraphs 12 to 18.

Words and Phrases

Lawful Excuse - Meaning of the phrase "lawful excuse" as found in s. 3 of the Lobster Fishery Regulations - See paragraphs 12 to 18.

Statutes Noticed:

Lobster Fishery Regulations, sect. 3(b) [paras. 4, 13 to 15, 21, 23, 25]; sect. 4(1) [paras. 13 to 14, 21, 24].

Fisheries Act, R.S.C. 1952, c. 119, sect. 2(g) [para. 15].

Authors and Works Noticed:

Wilder, D.G., Department of Fisheries Article on Lobster Fishing, 1959, p. 16 [para. 17].

Counsel:

[None disclosed.]

This appeal was heard before McNair, C.J.N.B., Bridges and Ritchie, JJ.A., of the New Brunswick Supreme Court, Appeal Division. The decision of the Appeal Division was delivered on September 21 and October 25, 1962, when the following opinions were filed:

McNair, C.J.N.B. - see paragraphs 1 to 19;

Bridges, J.A., dissenting - see paragraphs 20 to 28.

Ritchie, J.A., concurred with McNair, C.J.N.B.

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1 practice notes
  • R. v. Maillet, (1984) 53 N.B.R.(2d) 69 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • February 4, 1984
    ...paragraphs 8 to 12. Cases Noticed: R. v. Pierce Fisheries Ltd., 3 N.S.R. 1965-69 1, [1971] S.C.R. 5, appld. [para. 4]. R. v. Maillet (1984), 51 N.B.R.(2d) 84; 34 A.P.R. 84, consd. [para. R. v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295, refd to. [para. 7]. Statutes Noticed: Lobster......
1 cases
  • R. v. Maillet, (1984) 53 N.B.R.(2d) 69 (CA)
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • February 4, 1984
    ...paragraphs 8 to 12. Cases Noticed: R. v. Pierce Fisheries Ltd., 3 N.S.R. 1965-69 1, [1971] S.C.R. 5, appld. [para. 4]. R. v. Maillet (1984), 51 N.B.R.(2d) 84; 34 A.P.R. 84, consd. [para. R. v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295, refd to. [para. 7]. Statutes Noticed: Lobster......

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