Appellants appealed their convictions and sentences for offences under the Fisheries Act and Ontario Fishery Regulations.
The preliminary issue concerned whether the Ontario Court of Justice had jurisdiction to hear the appeal.
The Crown argued the charges were federal and subject to Criminal Code summary conviction procedures, requiring appeal to the Superior Court of Justice.
The appellants argued the Provincial Offences Act provided concurrent jurisdiction.
The court held that the charges were federal in nature and the Provincial Offences Act has no application to federal offences.
The appeal was quashed for lack of jurisdiction.