CASE NO. VOL. NO. PAGE
Cite as: R. v. Chute, 1997 NSCA 134
HER MAJESTY THE QUEEN - and - MICHAEL CHUTE
Appellant Respondent
C.A.C. No. 135355 Halifax ROSCOE, J.A.
APPEAL HEARD: June 16, 1997
JUDGMENT DELIVERED: July 2, 1997
SUBJECT: Fisheries Act, Fishery (General) Regulations
SUMMARY: The respondent was convicted in Provincial Court of failing to permit an observer to go on board his fishing vessel. A summary conviction appeal to the Supreme Court was allowed.
ISSUES: 1. Whether s. 46 of the Regulations provided the Regional Director-General with the authority to require in one letter that herring fishers arrange for observers for all fishing trips in the winter fishing season.
2. Whether the Regional Director-General had improperly delegated his authority to a private company which supplied the observers.
RESULT: Appeal from Summary Conviction Appeal Court allowed. The trial judge had not erred in finding that the observer program was within the authority of the Regulations and that there was no improper delegation by the Regional Director-General.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT”S DECISION. QUOTES MUST BE FROM THE DECISION, NOT FROM THE COVER SHEET. THE FULL COURT DECISION CONSISTS OF 13 PAGES.