The appellants appealed a Federal Court of Appeal decision ordering the return of seized fish or its proceeds to the respondent.
The masters of foreign ships were convicted of illegal fishing, fined, and a portion of their cargo was ordered forfeited.
After paying their fines, the owners claimed the return of the remaining seized fish, arguing that under s. 6(9) of the Coastal Fisheries Protection Act, the 'final conclusion of the proceedings' occurred at the end of the trial.
The Supreme Court of Canada allowed the appeal, holding that the phrase 'final conclusion of the proceedings' encompasses the entire appellate process, allowing the Crown to retain the seized goods until all appeals are exhausted.
