R v. Wheadon, 2006 NLTD 139

In Constitutional Cases, Fish Cases on (Updated )

This case involved two fish harvesters who were charged with failing to tag cod fish immediately after harvesting as required by their recreational fishing licences while fishing on inshore waters of Newfoundland. The case was defended primarily upon the grounds that the Federal Government did not have regulatory authority over the inshore cod fishery because of the fact that during …

Full Summary

R v. Ward, 2002 SCC 17

In Constitutional Cases, Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a fisherman who was charged under section 27 of the Marine Mammals Regulations, SOR 56/93, passed pursuant to the Fisheries Act. This regulation prohibited the sale of, amongst other things, “blueback” seals, which are young hooded seals and whitecoats, which are young harp seals. The evidence lead at trial was that public opinion opposed to the killing …

Full Summary

R v. Allen, 2005 NSCA 118

In Constitutional Cases, Fish Cases on (Updated )

The case involved charges of failing to pay dues are required by the Fisheries Organizations Support Act of Nova Scotia. This is legislation was enacted in 1996 for the stated purpose "to strengthen fisheries organizations in the province and provide a procedure to enable accredited fisheries organizations to collect mandatory annual dues from licence holders". The defendant argued that this …

Full Summary

Bouzan v. Canada, 2007 NLCA 64

In Constitutional Cases, Fish Cases on (Updated )

This case involved two fish harvesters who were charged with failing to tag cod fish immediately after harvesting as required by their recreational fishing licences while fishing on inshore waters of Newfoundland. The case was defended primarily upon the grounds that the Federal Government did not have regulatory authority over the inshore cod fishery because of the fact that during …

Full Summary

R v. Ralph, 2006 NLCA 15

In Constitutional Cases, Fish Cases on (Updated )

This case involved a fisher who refused to allow provincial fish inspectors to inspect his fishing vessel. He was subsequently convicted of obstructing an inspector. Upon seeking leave to appeal, the court denied his appeal for the following reasons: (1) He failed to give notice to the Attorney General of Canada; and (2) The proposed grounds of appeal were not …

Full Summary

R v. Patey, 2007 CanLII 30748

In Constitutional Cases, Fish Cases on (Updated )

The case involved a sports fisher, fishing in Newfoundland inland waters who was charged with failing to affix a salmon tag to his fish a required by the provincial Wild Life Regulations. In defence, he challenged the constitutional validity of the provincial legislation. The Federal Crown did not intervene. After reviewing the jurisprudence, the court concluded that the Province and …

Full Summary

Dandy Dan's Fish Market Ltd. v. Newfoundland and Labrador, 2007 NLCA 26

In Constitutional Cases, Fish Cases on (Updated )

This case involved a challenge to a licence issued under the Newfoundland Fish Inspection Act that imposed conditions restricting a fish processor and wholesaler from exporting fish. After performing a pith and substance analysis, the court upheld the trial court finding that "the core or essential character of the provincial licensing scheme is the regulation of the processing and handling …

Full Summary

R v. Mersey Seafoods Ltd., 2007, NSSC 155, 2008 NSCA 67

In Constitutional Cases, Fish Cases on (Updated )

Based upon the interjurisdictional immunity doctrine the trial court held that the Nova Scotia’s Occupational Health and Safety legislation was inapplicable with respect to fishing vessels. Alternatively, it is inoperable pursuant to the Paramountcy doctrine.This decision was overturned on appeal(2008 NSCA 67). For a discussion of the interjurisdictional immunity doctrine see: A Reformulation of the Interjurisdictional Immunity Doctrine,Case Comment on …

Full Summary

Jim Pattison Enterprises et al. v. British Columbia (Workers' Compensation Board), 2009 BCSC 88, 2011 BCCA 35

In Constitutional Cases, Fish Cases on (Updated )

This case involved a challenge to the constitutional validity of occupational health and safety regulations relating to commercial fishing vessels enacted pursuant to the British Columbia Workers’ Compensation Act. It involved one vessel that fished primarily in waters outside the British Columbia jurisdiction, but within Canadian territorial waters as well as other vessels that fished more than half their time …

Full Summary