Fisheries Act Flashcards
***What is the purpose of the Fisheries Act?
- the proper management and control of fisheries
- the conservation and protection of fish and fish habitat, including by preventing pollution
***How is ‘Fish Habitat’ defined?
- Spawning grounds and any other areas, including nursery, rearing, food supplies and migration areas, on which fish depend directly or indirectly in order to carry out their life processes.
> All of a habitat that a fish needs to fulfill its life cycle (eg. includes spawning grounds)
What does “HADD” stand for, and what kind of tool is it?
- Harmful Alteration, Disruption or Destruction of Fish Habitat
- a prohibition, used to regulate projects in and near water
What are the 3 types of Federal Offences?
- Summary Conviction Offences
- Indictable offences
- Hybrid Offences (duel procedure)
Which is LESS serious, Summary Conviction Offences or Indictable offences?
Summary Conviction is less serious
Hybrid offences (duel procedure) is considered ___(1)___ until ___(2)___ chooses the mode of prosecution.
(1) indictable
(2) the Crown
What does the Contraventions Act do?
Enables the creation of federal regulations designating federal statutory offences as contraventions.
*What kind of cases are Regulatory offences, what what is the standard of liability?
- Quasi-criminal
- strict liability (proving actus reus)
*What has to be proven for strict liability?
actus reus
most environmental cases fall under strict liability
*What has to be proven for criminal liability?
Both actus reus and mens rea
*What kind of liability is applied to mundane things like parking tickets?
Absolute liability
*Which Act Governs the prosecution and enforcement of provincial and federal regulatory offences and municipal by-laws?
Provincial Offences Act
