N.S. lobster boat captain escapes further punishment in ‘egregious’ case of illegal fishing

The Nova Scotia Supreme Court has dismissed the Crown’s appeal of a sentence handed to an Annapolis County captain convicted in an “egregious” case of illegal lobster fishing.

Shawn Everett of Nautical Seafoods was caught with a large number of undersized and egg-bearing female lobster while fishing under two First Nation licences in July 2020.

When fishery officers boarded his boat, Fundy Storm, at Advocate Harbour, N.S., an inspection revealed 34 per cent of the catch — 2,200 pounds — was illegal.

Last year, Everett was found guilty and fined $32,000 in provincial court. Judge Alan Bégin also suspended Everett’s fishing licence for the first four weeks of the 2023 lobster season in lobster fishing area 35.

During sentencing at provincial court, the federal Crown asked Bégin to consider the case “as one of the more egregious offences that the court has likely seen.”

The Crown appealed on the grounds the sentence was “demonstrably unfit or clearly inadequate given the nature of the offence and the circumstances of the offender.”

Appeal dismissed

In a decision released Tuesday, Justice Scott Norton of the Nova Scotia Appeal Court dismissed the appeal.

“Contrary to the argument advanced by the appellant, it is clear that the sentencing judge was keenly aware that the paramount purposes of the Fisheries Act and its regulations are conservation and protection, and that his sentence was intended to address deterrence as a primary consideration,” Norton ruled.

He said there was no precedent to hand down the $85,000 fine sought by the Crown at the provincial court sentencing.

Norton ruled Bégin made no error in law.