A small blurb from another case
The Court:
[1] Asian Arowana (Scleropages Formosus) are some of the worlds rarest and most expensive
fish. They are a seriously endangered species, and so Canadas Wild Animal and Plant Protection
and Regulation of International and Interprovincial Trade Act, (1992, c. 52) forbids their import
or export without a permit.
[2] The appellant contacted the relevant officer in the federal government, and learned the details
of that regulatory scheme. Thanks to the internet, the appellant saw a chance to make a lot of money.
He found breeders in Asia who would supply these rare fish, and found people in a number of cities
in the southwestern United States who would buy them. Better still, the buyers would front-end the
money necessary, so the appellant would have to invest very little. He boasted in emails of the
returns which he would make on the U.S.A. black market with no investment of his own.
[3] He carried out the scheme, and imported dozens of these fish into Canada, and then exported
them (disguised as legal merchandise) without any permit, to various buyers in different American
cities. He thus violated Canadian (and American) law. Despite his many devices to conceal,
American and Canadian investigators tracked him down. Canadian prosecutors charged him with
that illegal export, proceeding by Indictment. The offence dates ranged over five months in mid-
2001. The sentencing judge later made a fact finding that the prosecutors had overwhelming
evidence, and so about eight months later, the appellant pled guilty, before any preliminary hearing.
Convictions were entered for four counts.
[4] Counsel for both sides signed and filed two agreed statements of facts. One showed an
estimated gross profit from sales of 72 fish, of about $65,000 to $74,000 U.S., expenses of $35,000
U.S., and so an estimated net profit of $30,000 to $39,000 U.S. Converted to Canadian funds, that
was an estimated net profit of $46,000 to $59,000 Canadian.
[5] After lengthy oral argument, the sentencing judge gave reasons for sentencing occupying
about four pages of transcript (exclusive of the part on time to pay). He found these facts (among
others):
a. these fish are rare and sought after, and one of the most expensive in the
world, but are at substantial risk of extinction.
b. the appellant knew the legal rules and that this export was totally illegal, and
had to be kept secret.
c. the appellant had no criminal record.
