The accused in this case was a corporation that operated various factory fishing vessels. The accused was charged with offences under the Nova Scotia Occupational Health and Safety Act (“OHSA”). The charges were dismissed in the lower courts on grounds that the safety and operation of vessels was within the exclusive jurisdiction of the Federal Government and the OHSA was …
Full SummaryRamara (Township) v. Guettler, 2007 CanLII 16453
The Defendant argued that a municipal bylaw prohibiting mooring in any “canal, waterway or slip” owned by the municipality was constitutionally invalid. In very short reasons the Court held that as the municipality owned the lands above and below the water of the canal it had the power to legislate. The Court noted that the federal Parliament also had the …
Full Summary