Application For Particulars Of Charge Under Fisheries Act Denied

In a recent decision, R v 3853942 Canada Inc, 2016 BCPC 331, the British Columbia Provincial Court, considered the obligation of the Crown to give particulars for an offence under the Fisheries Act, RSC 1985, c F-14 (the "Fisheries Act"). The Court dismissed the application for further particulars relating to the charges under the Fisheries Act for the alleged unauthorized discharge of deleterious substances. The Court held that the Crown is not required to disclose specific details of the acts or omissions relevant to any offence it has charged against a party. Notably, the Crown was not ordered to provide details of the exact location of the alleged discharges or specific properties of the alleged deleterious substances.