Supreme Court

Decision Information

R v Northwest Territories (Commissioner)

Court Supreme Court
Date 1994-11-14
Other citations [1994] 1 W.W.R. 458 (N.W.T. Terr. Ct.) – [1994] N.W.T.R. 354 – [1995] 1 W.W.R. 17 – 12 C.E.L.R. (N.S.) 55 – 15 C.E.L.R. (N.S.) 114 (S.C.) – varying (1993)
File numbers CR 02428
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
R. v. Ouellette, [1980] 1 S.C.R. 568
R. v. Pawlowski (1993), 20 C.R. (4th) 233 (Ont. C.A.)

Statutes considered:
Fisheries Act, R.S.C. 1985, c. F-14, s. 2
Fisheries Act, R.S.C. 1985, c. F-14, s. 34(1)
Fisheries Act, R.S.C. 1985, c. F-14, s. 34(2)
Fisheries Act, R.S.C. 1985, c. F-14, s. 36(3)
Fisheries Act, R.S.C. 1985, c. F-14, s. 40(2) (as amended 1991, c. 1, s. 10)
Fisheries Act, R.S.C. 1985, c. F-14, s. 79.2(f) (as amended 1991, c. 1, s. 24)
Fisheries Act, R.S.C. 1985, c. F-14, s. 79.2 (as amended 1991, c. 1, s. 24)
Northwest Territories Act, R.S.C. 1985, c. N-27, s. 3
Northwest Territories Act, R.S.C. 1985, c. N-27, s. 5
Northwest Territories Act, R.S.C. 1985, c. N-27, s. 6
Criminal Code, R.S.C. 1985, c. C-46, s. 687
Criminal Code, R.S.C. 1985, c. C-46, s. 822
Criminal Code, R.S.C. 1985, c. C-46, s. 826
Northern Inland Waters Act, R.S.C. 1985, c. N-25
Decision information:

Summary: Appeal by the Commissioner of the Northwest Territories against sentence dismissed. Cross-appeal by the Crown allowed and sentence varied. Costs of an application to adjourn the appeal awarded against and sentence varied. Costs of an application to adjourn the appeal awarded against the applicant Commissioner in an amount of $10,000
Abstract: Appeal by accused against sentence. Cross-appeal by Crown against sentence
Decision: Appeal dismissed, cross appeal allowed, sentence varied. Cost of $10,000 awarded against accused with respect to application to adjourn appeal. Fine increased from $40,000 to $100,000
Subjects: Energy and natural resources - Fish and wildlife - Offences
Criminal law - Costs - Circumstances justifying award

Decision Content

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