This case was heard in the Provincial Court of New Brunswick.

Mr. Paget was charged with violating section 35 of the federal Fisheries Act by bulldozing in the Becaguimic Stream near Howard Brook and causing the harmful alteration of fish habitat. Mr. Paget argued that he had a permit to carry out the work. The Court found that Mr. Paget did not have a permit to do the work, but it considered whether Mr. Paget had a reasonable but mistaken belief that the work had in fact been authorized. After considering the evidence, the Court concluded that Mr. Paget could not have believed reasonably that he had a valid permit to do the work, and it therefore found him guilty as charged.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbpc/doc/1998/1998canlii15164/1998canlii15164.html

Disclaimer:
Case briefs in our Resource Library are drafted by law students who work or volunteer with East Coast Environmental Law, and East Coast Environmental Law does not guarantee their fullness or accuracy. Library users should not rely on case briefs as comprehensive accounts of the issues, facts, reasoning, or outcomes at stake in any given case. 

If you require more detailed information about a court decision or legal issue, please consider using our Environmental Law Inquiry Service to request information from our staff.