Two defendants were charged with fishing with a hook in a manner to pierce or hook a fish in any part of the body other than the mouth, contrary to s.9(1)(a) of the Ontario Fishing Regulations, 2007.
The defendant Mandeleew was additionally charged with sport fishing by means other than angling for Pacific salmon, contrary to s.35(2)(e) of the Ontario Fishing Regulations, 2007.
Conservation officers observed the defendants fishing at night using weighted lines with bare hooks, employing jerking and sweeping motions consistent with "snagging." The court found both defendants guilty of the first charge.
Mandeleew was also found guilty of the second charge for using a landing net to attempt to catch salmon.
The court applied strict liability principles, finding that the manner of fishing, rather than intent, was determinative.
