Challenging DFO Ticket- anyone done it?

[pescador]

My son in law was issued a ticket by DFO in Indian Arm for a barbed hook. Interestingly we had pinched the barbs. It was on one of those tiny Tasmanian Devil lures. The DFO officer wasn’t listening to us and just wrote the ticket. I know the rules and I follow them. We plan to challenge it in court. I’ll build a case with my son in law who happens to be a corporate commercial lawyer. Anybody else ever challenge a ******** charge like this? You know I would not care if it was $50, the fact we pinched the barbs really makes my blood boil. It’s a $575 fine btw

 

[scott craven]

Did you take pictures of the pinched barb at the time the ticket was issued?
That would stand up as evidence in court.

 

[pescador]

Did you take pictures of the pinched barb at the time the ticket was issued?
That would stand up as evidence in court.

Yes. Date stamped. The problem of course is hardened steel always leaves some resemblance of the old barb. I’m going to buy a new lure and put them side by side for comparison purposes.

 

[Rain City]

Yes I challenged and the charges were stayed after I spoke with the prosecutor over the phone.

 

[pescador]

Yes I challenged and the charges were stayed after I spoke with the prosecutor over the phone.

Ok. Good to know.

 

[scott craven]

From DFO website
"Barbless hook A hook from which all barbs have been removed—either filed off or pinched flat against the shaft. The shaft of a hook is the straight part between the eye and the bend."

There is nothing saying there cannot be a bump just no barb. Best effort should stand up.

 

[pescador]

From DFO website
"Barbless hook A hook from which all barbs have been removed—either filed off or pinched flat against the shaft. The shaft of a hook is the straight part between the eye and the bend."

There is nothing saying there cannot be a bump just no barb. Best effort should stand up.

Agree but AI is telling me otherwise. We will challenge it in court in any case.

 

[trophywife]

i just looked up these lures, maybe i am wrong but where you jigging?

 

[Aces]

Good luck! I believe you’re in the right but with this government that may not mean anything

 

[pescador]

i just looked up these lures, maybe i am wrong but where you jigging?

Spin casting off a paddle board.

 

[Stizzla]

I’ve heard there is a test where the hook goes through a piece of fabric and then it has to be able to come back out cleanly.
I hope you do fight it and that the charges are reversed.
Can you please show us the pic you have of the barb in question?

 

[trophywife]

Spin casting off a paddle board.

sounds like you where letting it sink and jigging for bottomfish

 

[pescador]

sounds like you where letting it sink and jigging for bottomfish

My son in law isn’t from here and never fished before. Imagine a 37 ft rib pulling up to your paddle board with 4 armed officers shouting orders at you. He told them he wasn’t fishing for anything specific but heard there were pinks in the water. They said “you have to know the regulations”. Kind of bully tactics. Also, she came onto our dock and talked to him for 15 minutes. It wasn’t until the last 1 minute of the conversation that she mentioned the barbed hook violation. Very sneaky.

 

[ab1752]

Spin casting off a paddle board.

That's pretty popular to mess around with pinks off the club docks againt the wall as people get introduced to fishing. Talk about over charging him, they had 1,000 others they could have been going after up there. The arm is a circus.

I would make every effort to challenge that bs too, and the intention to crush the barb should help. Did they seize the lure as evidence? Pretty huge bust for her, well done...

 

[Tsquared]

I challenged a ticket a long time ago(1982), or rather my organization (Pacific Trollers Association) backed me to challenge a ticket I got for taking part in a protest fishery. DFO was shutting down our commercial troll opening for sockeye and we knew, based on PTA catches from Haida Gwaii down to Renfrew, that the run size was huge, way bigger than the forecast DFO was basing their allotment decisions on. (Does this sound familiar?!) When it finally got to court in the fall, the judge knew nothing about west coast fisheries and didn’t want to hear our lawyers arguments. My advice if you challenge is to keep your argument short and simple.

 

[Rain City]

I challenged a ticket a long time ago(1982), or I rather my organization (Pacific Trollers Association) backed me to challenge a ticket I got for taking part in a protest fishery. DFO was shutting down our commercial troll opening for sockeye and we knew, based on PTA catches from Haida Gwaii down to Renfrew, that the run size was huge, way bigger than the forecast DFO was basing their allotment decisions on. (Does this sound familiar?!) When it finally got to court in the fall, the judge knew nothing about west coast fisheries and didn’t want to hear our lawyers arguments. My advice if you challenge is to keep your argument short and simple.

You're absolutely right about the lack of knowledge of what's being contested. In my case, I was actually able to explain to the prosecutor how borderline the officer's case was and that it was clear my intention was not to break any rules. But I really had to explain the gear, the rules, why the rules are there etc. I'm lucky she was so patient in hearing me out. She also seemed pissed off that the DFO officer had yet to submit any kind of evidence to her so she was in the dark. Lucky me.

 

[pescador]

That's pretty popular to mess around with pinks off the club docks againt the wall as people get introduced to fishing. Talk about over charging him, they had 1,000 others they could have been going after up there. The arm is a circus.

I would make every effort to challenge that bs too, and the intention to crush the barb should help. Did they seize the lure as evidence? Pretty huge bust for her, well done...

We have the lure. She took photos. Of course my son in law was overwhelmed and had no clue what the hell was going on.

 

[Alison2]

Consider getting your own written expert opinion from a professional. Perhaps someone you know.

 

[ab1752]

We have the lure. She took photos. Of course my son in law was overwhelmed and had no clue what the hell was going on.

That seems damn flimsy photos of a random hook, nothing unique and didn't retain the hook which is the entire basis for her charge. Seems like that would be a field day for a first year law student to sharpen their fangs on. Ideally your son in law remembered his impaired driving defense classes from law school and stfu'd through the entire mess.

 

[onefish]

Some fish cops use common sense, some go by the letter of the law. If the person you are checking has his license, is fishing in an open area and has not contravened any retention laws then he has done 99% of what you would expect a law abiding fisherman to do. If he or she has clearly attempted to debarb the hook and there is a little bump still, it is obvious the angler is not a blatant law breaker. The common sense thing to do is bring it to the attention of the angler that there is still a bump and warn him to squish it down harder next time or file it down. You got unlucky and ran in to a power hungry, letter of the law, a hole. If I was the judge you would get off but I would say it is 50/50 on that front. Good luck on your day in court, let us know how it goes.