Theft of Oysters
The offence of theft of oysters is outlined in section 323(1) of the Criminal Code.
A person commits the offence of theft of oysters when they take oysters or oyster brood from oyster beds, layings, or fisheries clearly marked out or known as belonging to another person.
Examples
Person A takes oysters from person B’s oyster bed because they are growing faster and larger than person A’s oysters.
Person C sells person D’s oyster bed to person E without person D’s knowledge or consent.
Person F, a jeweller, goes through person G’s oyster bed at night without person G’s knowledge or consent to take the oysters’ pearls and sell them in his store.
Offence Specific Defence(s)
Not Oysters or Oyster Brood
Where the person takes something other than oysters or oyster broods from another person’s oyster bed, laying, or fishery, they may not have completed the offence of theft of oysters. They may have, however, committed another theft offence.
Not an Oyster Bed, Laying, or Fishery
Where the person takes oysters from somewhere other than another person’s oyster bed, laying, or fishery, they may not have completed the offence of theft of oysters.
For example, if person A finds oysters naturally in the ocean and takes them, they have not committed the offence of theft of oysters.
Consent of Owner
Where the person has the owner’s consent to take their oysters or oyster broods, they have not completed the offence of theft of oysters.
Lack of Intention
Where the person lacks the intention to steal, they may not have completed the offence of theft of oysters. For example, if person A walks through person B’s oyster bed and several oysters happen to fall into their shoes without them noticing, person A may not have completed the offence of theft of oysters.
Colour of Right
Colour of right refers to a person’s legal right to something. If a person owns an item, they have colour of right in that item.
More Legal Information
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In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.