Long-running sealing trial drawing to a close
Last Updated: Tuesday, January 6, 2009 | 9:04 AM NT
CBC News
Lawyer Averill Baker: 'It doesn't matter what level of government, what regime, but they will not stop prosecuting the sealers.' (CBC) Arguments have resumed in a western Newfoundland courtroom for what is shaping up to be one of the longest court cases in Canadian history.
A group of sealers were charged in 1996 for allegedly selling blueback seal pelts against federal regulations. As with whitecoats, pelts from bluebacks — hooded seals that are 16 months old or less — have been illegal for sale or barter in Canada since 1987.
Mark Small, a veteran sealer, told CBC News he waited almost 13 years to tell his story to a judge about what happened on the water off the coast of Newfoundland in March 1996.
Small and 10 other sealers were charged under the federal government's marine mammal regulations for trying to sell underage pelts.
However, Small said federal fisheries officers actually assisted the hunters in locating their animals. Small said he was twice inspected by federal fisheries officers, and at no time did any officer complain about his landings.
At the time, Small was president of the Canadian Sealers Association.
"We had done a lot of work to rebuild the industry and we didn't want to cast any black eye on the industries by going out and deliberately breaking laws," Small said.
Mark Small said he cannot believe he waited almost 13 years to tell his story to a judge. (CBC) The hunt in 1996 began in controversy. Brian Tobin, the then minister of the Department of Fisheries and Oceans who boosted sealing quotas for that year, claimed harp seals had played a major role in the collapse of the cod fishery. The government's own scientists later refuted that claim.
The change in quota upset both animals rights activists and sealers, who maintain even now that management of the hunt was bungled.
Over the last 11 years, the case has muddled along without resolution.
"We've been in court, and some people have been saying, 'What's taking so long?'" said St. John's lawyer Averill Baker, who is representing Small.
Baker filed an unsuccessful motion to have the sealers acquitted because, in part, the pelts in question were seized and then destroyed, leaving inadequate evidence.
The case has been further complicated by a failed constitutional challenge of fisheries regulations, not to mention statements by fisheries officers that were thrown out of court.
Baker said the Crown has been unusually tenacious in a case that's not even considered a criminal matter.
"What we see, it doesn't matter what level of government, what regime, but they will not stop prosecuting the sealers," Baker said.
Arguments are expected to conclude next week, although that may not mark the end. Either side may appeal the judgment.
"So here we are, bordering on our 13th year in court. Probably if we win this, probably DFO will appeal again," Baker said.
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