The Crown appealed the acquittal of a commercial fishing corporation on four strict liability charges relating to inaccurate logbooks and Daily Catch Reports submitted by its vessel captain.
The trial judge had acquitted the corporation on the basis of due diligence, finding there was little more the owner could have done from shore.
The Superior Court of Justice allowed the appeal, holding that the trial judge erred in law by applying an incorrect standard of care and failing to consider what a proper system of compliance would entail.
The court found the corporation's blind trust in a captain with a known history of non-compliance did not amount to due diligence.
Convictions were entered and the matter remitted for sentencing.