These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.
Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.
This page contains links to pdf copies of papers and articles that were authored by retired lawyer Brad Caldwell. Readers are cautioned that these papers are not updated to reflect current developments.
- Wrecked, Abandonded or Hazardous Vessels Act
(Western Mariner, January 2018) - Due Diligence Defences to Maritime Offences
Presented at the Canadian Maritime Law Association Seminar held at Halifax on 17 June 2016 - B.C. Provincial Sales Tax On Boats: A Refresher
Western Mariner (June 2013) - DFO Allows All Lenders to Use Its Notice and Acknowledgement Registry
Mariner (February 2013) - Amendments to Personal Property Security Act Take Effect 1 September 2012: Banks Permitted to take Security over Fishing Licences
Mariner (July 2012) - Shipbuilding Contracts: Allocating Risk Between Purchaser and Builder
Western Mariner (June 2012)
- Province of BC Amends Personal Property Security Act to Allow Encumbrances Against Fishing Licences
Western Mariner (January 2012) - Federal Court Fisheries Issues: A Survey of Fisheries Cases Commonly Heard in the Federal Court of Canada
Presented to the Federal Court in April of 2011 (Sponsored by the Canadian Judicial Council and the Canadian Maritime Law Association)
- Hip Pocket Guide to Search and Seizure
Western Mariner (October 2010) - CONDUCT OF CANADIAN PUBLIC INQUIRIES and the COHEN COMMISSION
Western Mariner (March 2010) - CONSTITUTIONAL CHALLENGE TO BRITISH COLUMBIA WCB REGULATION OF FISHING INDUSTRY FAILS
Fisherman Life (Spring 2009) - TAX TREATMENT OF FISHING LICENCES RETIRED PURSUANT TO GOVERNMENT BUY BACK PROGRAMSÂ
Fisherman Life (April/May 2008) - A REFORMULATION OF THE INTERJURISDICTIONAL IMMUNITY DOCTRINE
Presented to the maritime subsection of the B.C. branch of the Canadian Bar Association (25 October 2007) - CONFLICTS WITH MARINA OPERATORS –Â THE PUBLIC RIGHT OF NAVIGATION AND RIPARIAN RIGHTS COLLIDE
Fisherman Life (October 2007), Mariner Life (October 2007) - BILL C-45 COMPLIANCE PROVISIONS
Fisherman Life (April 2007) - CAPITAL GAINS AND TRANSFERS OF FISHING PROPERTY : 2006 FEDERAL BUDGET PROPOSALS
Fisherman Life (January 2007) - MARINA OPERATOR’S LIENS
Mariner Life (October 2005), Fisherman Life (October 2005) - IGNORANCE OF THE LAW IS NO EXCUSE .OR IS IT? The Defence of Officially Induced Error
Fisherman Life (July 2006) - MARINE INSURANCE COVERAGE FOR NEGLIGENCE
Presented to the Marine Insurance Association of British Columbia (29 May 2006) - FISHING LICENCES AS SECURITY FOR LOANS:Â An Incremental Step Forward by the Nova Scotia Court of Appeal
Fisherman Life April 2006 - MARINE INSURANCE COVERAGE FOR MACHINERY DAMAGE CLAIMS
Mariner Life October 2005; Fisherman Life (October 2005) - LICENCE TRUSTS AND FRUSTRATION OF CONTRACT
Fisherman Life (July 2005) - SENTENCING FOR VIOLATIONS OF THE FISHERIES ACT PART IIÂ Â
Fisherman Life(April 2005) - SENTENCING FOR VIOLATIONS OF THE FISHERIES ACTÂ
Fisherman Life (January 2005) - APPLYING CANADIAN ENVIRONMENTAL ASSESSMENT ACT TO FISHERIES
Fisherman Life (Oct. 2004) - Comite Maritime International Meets in VancouverÂ
Western Mariner (July 2004) - LEGAL STATUS OF CREW MEMBERS IN THE WEST COAST FISHING INDUSTRY
Western Mariner/Western Fish and Seafood (Winter 2003/4) - CROWN LIABILITY
C.L.E. of British Columbia FEDERAL COURT PRACTICE UPDATE – 2003 by Brad Caldwell and Robin Whittaker - Salvor of Zodiac Receives $240 Salvage Settlement and $77,000 Damage Award for False Imprisonment Caused by Ungrateful Vessel Owner
Western Fish and Seafood (August 2003) - THE TREATMENT OF FISHING LICENCES AS FAMILY ASSETS UPON THE BREAKUP OF A MARRIAGE
Western Fish and Seafood (June 2003) - LAST NAIL IN THE COFFIN OF CARPENTER FISHING V. THE QUEEN
Western Fish and Seafood (March 2003) - LICENCE TRUSTS:Â DISPUTES OVER ENTITLEMENT
Fisherman Life (July 2002) - SHIPBUILDING CONTRACTS
Mariner Life September 2002; Fisherman Life October 2002; Reprinted Mariner Life March and April 2006 - UNCLOS: UNITED NATIONS FISHING AGREEMENT
Mariner Life (March 2002) - Liabilities of Marine Underwriters to Insureds and Co-insureds
Presented to the Market Committee of the Association of Marine Underwriters of B.C. (13 January 2000) - THE PACIFIC SALMON TREATY:Â A BRIEF TRUSE IN THE US/CANADA SALMON WAR
(1999) 57 Advocate 379 - Surveyors Negligence
presented to the Association of Marine Underwriters of B.C. (26 May 1999); published Westcoast Fisherman (November 1998) - MEDIATION
Fisherman Life (October 2001) - LICENCE SANCTIONS
Westcoast Fisherman (August 1999) - R. v. MARSHALL (ABORIGINAL TREATY RIGHTS)
Westcoast Fisherman (November 1999) - BOOK REVIEW OF GOLDEN SAILS – The Story of the Pacific Mutual Marine Insurance Company
Current 1996