By Charlene Tebbutt

Man convicted of illegally selling fish

Jan 21, 2019 | 4:20 PM

A northern Saskatchewan man has been found guilty of illegally selling fish following an investigation in Canoe Narrows.

Donald Iron was convicted on several charges under The Fisheries Act of Saskatchewan. During a trial, Iron admitted to selling fish without a commercial fishing license in April, May and September of 2017.

Iron also admitted he knew it is illegal to sell fish without a license, but alleged that he was trapped into committing the offences by a conservation officer and also told the court the offences were “so minor that the law should not be concerned with them.”

The decision from the Provincial Court of Saskatchewan was published in an online legal database earlier this month.

An officer who testified at the trial said complaints had been coming in about Iron selling fish illegally since 1997. The officer began investigating in June 2016, and visited Iron regularly. 

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Iron eventually offered to give the officer some fish during one of the visits, giving him a bag of two northern pike fillets, and asking for a pack of cigarettes in exchange. The officer gave Iron $10 instead.

On another trip, in April 2017, Iron gave the officer four bags of walleye, asking $10 per bag. The officer paid for the fish and bought more on May 30, 2017. Iron again sold the officer some fish in September 2017.

In total, Iron sold the officer 10 bags of fish for a price of $90.

Iron’s defence lawyer said his client is illiterate and poor and was enticed into committing the offences by “waving money in his face.” The judge disagreed, however.

“The Ministry of Environment specifically targeted Mr. Iron because of long-standing, and persistent, complaints about him illegally selling Canoe Lake fish,” Provincial Court Judge Miguel Martinez said in his decision. “For this reason, the ministry reasonably suspected him of being involved in the illegal activity being investigated.”

Martinez went on to say the illegal sale of fish is a serious issue, especially in areas such as Canoe Lake, where the industry has become fragile due to low fish populations. Martinez also noted in his decision that Iron offered the fish to the investigator and set the price.

“People like Mr. Iron, who take more fish than they or their families need to feed themselves, and then illegally sell those fish, essentially are stealing from the other members of their communities, and threatening the sustainability of all aspects of the Canoe Lake fishery, including, potentially, the livelihoods of Canoe Lake’s licensed commercial fishers,” the decision said. 

During Iron’s trial, the court heard a commercial fishery has been operating at Canoe Lake since 1954, but the commercial fishing season only lasts two or three days into January each year. The fishery is operated by the Canoe Lake Fisherman’s Co-operative.

Iron was not a member of the fishing co-op at the time of the offences in 2017. 

Editor’s Note: This story was modified at 10:12 a.m. on Jan. 25, 2019 to reflect legal requirements brought forward by the Saskatchewan Ministry of Justice.

Charlene.tebbutt@jpbg.ca

On Twitter: @CharleneTebbutt