- Oct 10, 1999
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21 days in jail for fish poacher
Penalty unusually severe, officials say
'Like he killed a person, not a fish'
SCOTT ROBERTS
STAFF REPORTER
A 21-day jail sentence levied against an Aurora man for poaching fish was unusually stiff, conservation officials say.
In addition to the jail time, Sergei Homiakov was slapped with an $8,500 fine and had his fishing licence suspended for five years after pleading guilty last month to over-fishing, fishing during a closed time and unlawfully transporting fish.
Homiakov, 30, was released Friday after serving 12 days in Lindsay's Central East Correctional Centre.
The sentence was handed down by Justice of the Peace Robert Boychyn and relates to a Feb. 14 incident, when Durham police found Homiakov with bags containing 23 rainbow trout at Wilmot Creek in Clarington at about 1:30 a.m. Ministry conservation officers were called and seized the catch, which contained 15 female and eight male trout.
"Jail time is certainly rare in these cases," said Bill Lafferty, natural resources ministry enforcement supervisor for the Aurora district. "I've seen fines that high but ... I have not seen the additional jail time."
Boychyn's decision was well within his legal means, ministry officials said. Under the Federal Fisheries Act, jail time of up to one year and fines topping $100,000 can be issued.
But Crown prosecutor Veronica McGuire was not seeking the maximum penalty. In fact, she was not asking that Homiakov be jailed at all. She only sought an $8,500 fine and the forfeiture of equipment involved in the capture and the fish.
"The judge basically ordered the fine and further sentenced Mr. Homiakov to 21 days in jail," said Brendan Crawley, an attorney-general's office spokesman.
Homiakov, who immigrated to Canada from Belarus five years ago, could not comment because he does not speak English. But his wife, Irina Homiakov, lashed out at the justice system for jailing her husband.
"They acted like he killed a person, not a fish," she said, insisting her husband did not know the provincial regulations. "I was shocked. I wasn't expecting them to put him in jail. I don't know how they can do that."
Homiakov, who has no previous convictions, represented himself in court and pleaded guilty because he could not afford a lawyer, his wife said.
"I understand now that he was wrong to fish then. But to leave a wife without a husband and a child without a father is wrong, too," said Irina Homiakov.
Mitch Phinney, the conservation officer who handled the case, could not recall the last time he has seen jail time allotted for such an offence. "The sentence was hefty. It's rare."
The conviction was likely tougher because it was spawning season for rainbow trout, said Phinney. The 15 female trout captured would have represented about 80,000 lost eggs, which would have directly reduced the population.
Boychyn could not be reached for comment.
Although poaching incidents have decreased since the late 1980s, Lafferty said the sentence would "send a strong message" to anyone thinking of illegally catching fish.
:Q
What is not stated is that Wilmot Creek is protected spawning ground, and a major fish hatchery in Ontario.
discuss.
Penalty unusually severe, officials say
'Like he killed a person, not a fish'
SCOTT ROBERTS
STAFF REPORTER
A 21-day jail sentence levied against an Aurora man for poaching fish was unusually stiff, conservation officials say.
In addition to the jail time, Sergei Homiakov was slapped with an $8,500 fine and had his fishing licence suspended for five years after pleading guilty last month to over-fishing, fishing during a closed time and unlawfully transporting fish.
Homiakov, 30, was released Friday after serving 12 days in Lindsay's Central East Correctional Centre.
The sentence was handed down by Justice of the Peace Robert Boychyn and relates to a Feb. 14 incident, when Durham police found Homiakov with bags containing 23 rainbow trout at Wilmot Creek in Clarington at about 1:30 a.m. Ministry conservation officers were called and seized the catch, which contained 15 female and eight male trout.
"Jail time is certainly rare in these cases," said Bill Lafferty, natural resources ministry enforcement supervisor for the Aurora district. "I've seen fines that high but ... I have not seen the additional jail time."
Boychyn's decision was well within his legal means, ministry officials said. Under the Federal Fisheries Act, jail time of up to one year and fines topping $100,000 can be issued.
But Crown prosecutor Veronica McGuire was not seeking the maximum penalty. In fact, she was not asking that Homiakov be jailed at all. She only sought an $8,500 fine and the forfeiture of equipment involved in the capture and the fish.
"The judge basically ordered the fine and further sentenced Mr. Homiakov to 21 days in jail," said Brendan Crawley, an attorney-general's office spokesman.
Homiakov, who immigrated to Canada from Belarus five years ago, could not comment because he does not speak English. But his wife, Irina Homiakov, lashed out at the justice system for jailing her husband.
"They acted like he killed a person, not a fish," she said, insisting her husband did not know the provincial regulations. "I was shocked. I wasn't expecting them to put him in jail. I don't know how they can do that."
Homiakov, who has no previous convictions, represented himself in court and pleaded guilty because he could not afford a lawyer, his wife said.
"I understand now that he was wrong to fish then. But to leave a wife without a husband and a child without a father is wrong, too," said Irina Homiakov.
Mitch Phinney, the conservation officer who handled the case, could not recall the last time he has seen jail time allotted for such an offence. "The sentence was hefty. It's rare."
The conviction was likely tougher because it was spawning season for rainbow trout, said Phinney. The 15 female trout captured would have represented about 80,000 lost eggs, which would have directly reduced the population.
Boychyn could not be reached for comment.
Although poaching incidents have decreased since the late 1980s, Lafferty said the sentence would "send a strong message" to anyone thinking of illegally catching fish.
:Q
What is not stated is that Wilmot Creek is protected spawning ground, and a major fish hatchery in Ontario.
discuss.
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