The respondent's fishing vessel was seized for fishing without a licence.
While the vessel was detained, the Federal Court ordered its sale in a separate civil action, and the proceeds were held by the Receiver General.
The respondent was subsequently convicted of Fisheries Act offences, and the sentencing judge ordered forfeiture of $50,000 of the proceeds of the sale.
The Court of Appeal overturned the forfeiture, holding that physical detention of the vessel was a precondition to forfeiture under the Fisheries Act.
The Supreme Court of Canada allowed the Crown's appeal, holding that s. 72(1) of the Fisheries Act authorizes a provincial superior court to order forfeiture of the proceeds of a vessel's sale even when sold under the authority of the Federal Court.
