These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

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Shubenacadie Indian Band v. Canada (Minister of Fisheries and Oceans), CanLII 16088

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

This case involved a Nova Scotia Indian Band which was relying upon the two R v. Marshall decisions (digested herein) in support of an application for an interlocutory injunction to enjoin D.F.O. from taking enforcement measures to prevent its members from participating in a Band regulated lobster fishery. The two main issues in the case were: (1)Whether the relief claimed …

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