(Supreme Court of Canada) The court was asked whether a vessel was forfeit to the Crown on the grounds that it had been used for fishing within a three mile limit from the Canadian coast. The fishing process had started outside the limit. A large quantity of mackerel had been collected in a seine, and the crew proceeded to bale the fish from the seine into the vessel. While that process was under way the vessel moved to within the three mile limit. The question was whether ‘fishing or catching fish’ was happening within the limit, it being argued that the fishing was complete when the fish were within the seine.
Held: by a majority) The process of fishing was not yet complete while the fish were being baled out from the seine into the vessel. Sedgewick J, with whom King J and Girouard J agreed, spoke of the process continuing until the moment when the fish ‘are finally reduced to actual and certain possession’, which he held did not happen in that case until all the fish were on board the vessel. King J and Girouard J both held that the case before that court was analogous to that which had been at issue in Young v Hichens.
Judges:
Sir Henry Strong CJ and Gwynne, Sedgewick, King and Girouard JJ
Citations:
(1897) 27 SCR 271, [1897] CarswellNat 36
Links:
Jurisdiction:
Canada
Citing:
Cited – Young v Hichens 21-Nov-1844
The plaintiff was fishing in the sea for pilchards and had drawn his net around a large number of fish, but at a moment when his net remained open by some seven fathoms and he was about to close it, the defendant rowed up to the opening of the net . .
Cited by:
Cited – Borwick Development Solutions Ltd v Clear Water Fisheries Ltd CA 1-May-2020
Only Limited Ownership of pond fish
BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or . .
Lists of cited by and citing cases may be incomplete.
Animals
Updated: 22 November 2022; Ref: scu.650625