R v. Murray

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a charge of failing to have a revival tank operating as required by a condition of the vessel owner’s fishing licence. The primary defence was that s. 22(7) of the Fishery (General) Regulations requiring compliance with conditions of licences was both outside the scope of the regulation making power granted to the the Minister by Parliament and an impermissible sub delegation of the power to make regulations. After reviewing the legislation and the arguments of counsel, the court rejected the defence argument primarily on the grounds that the very broad scope of power to make regulations granted by s. 43 of the Fisheries Act "to make regulations for the ‘proper management and control of a fishery’ plainly includes the making of a regulation that requires that licence holders comply with its conditions" (para 35).

Editors Note: For a similar decision, see also R. v. Norum (23 Feb. 2004) Surrey Prov. Ct. Registry No. 128018-1 and R. v. V.R. Pacific Offshores Ltd. digested herein. For a contrary case see R. v. Klyle Nelson digested herein.