The text you pointed out to us largely answers my questions. Still, it says, in black and white:
If a person is convicted of an offence under this Act and the court is satisfied that, as a result of committing the offence, financial benefits accrued to the person…
What I am reading brings me back to my concern. It could be that an illegal catch worth $8 million is found in a warehouse but that those responsible are caught—“fortunately” because of Bill S-3, as Mr. Kamp says—before they can get the slightest financial benefit, because they had no time to sell the catch on the black market, for example.
From what I read here, if the judge cannot show that those people used the black market and made a profit of $2 million, for example, the fine is limited to $500,000. The judge could declare that the profits are illegal and the wrongdoers will unfortunately not be able to profit from it because they are going to have to give the proceeds back to the Crown.
According to what I see here, the judge will find it difficult to apply that argument, which I think is the right one. Instead, we are talking about people fishing illegally, making a profit of $2 million, being apprehended and still having $5 million worth of fish in their warehouse. The judge should not be forced to keep to a fine of $500,000. He should be able to get back the money that was made.
Something in this text seems to limit the judge, in my opinion.