R v. Mersey Seafoods Ltd.

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 Canadian Western Bank v. Alberta and British Columbia (A.G.) v. Lafarge Presented by Brad Caldwell to the maritime subsection of the B.C. branch of the Canadian Bar Association 25 October 2007.