Précis: A municipal bylaw restricting the types of vessels that could be operated on a lake was held to be invalid.
Full SummaryR v. Wheadon, 2006 NLTD 139
This case involved two fish harvesters who were charged with failing to tag cod fish immediately after harvesting as required by their recreational fishing licences while fishing on inshore waters of Newfoundland. The case was defended primarily upon the grounds that the Federal Government did not have regulatory authority over the inshore cod fishery because of the fact that during …
Full SummaryBouzan v. Canada, 2007 NLCA 64
This case involved two fish harvesters who were charged with failing to tag cod fish immediately after harvesting as required by their recreational fishing licences while fishing on inshore waters of Newfoundland. The case was defended primarily upon the grounds that the Federal Government did not have regulatory authority over the inshore cod fishery because of the fact that during …
Full SummaryR v. Ralph, 2006 NLCA 15
This case involved a fisher who refused to allow provincial fish inspectors to inspect his fishing vessel. He was subsequently convicted of obstructing an inspector. Upon seeking leave to appeal, the court denied his appeal for the following reasons: (1) He failed to give notice to the Attorney General of Canada; and (2) The proposed grounds of appeal were not …
Full SummaryJim Pattison Enterprises et al. v. British Columbia (Workers' Compensation Board), 2009 BCSC 88, 2011 BCCA 35
This case involved a challenge to the constitutional validity of occupational health and safety regulations relating to commercial fishing vessels enacted pursuant to the British Columbia Workers’ Compensation Act. It involved one vessel that fished primarily in waters outside the British Columbia jurisdiction, but within Canadian territorial waters as well as other vessels that fished more than half their time …
Full SummaryTessier Ltee. v. Quebec, 2012 SCC 23
Précis: The Supreme Court of Canada addressed whether and when stevedoring activities are governed by provincial occupational health and safety legislation. Notably, the court said that shipping activities undertaken solely within a province are subject to provincial law.
Full SummaryChalets St-Adolphe inc. v. St-Adolphe d'Howard (Municipalité de), 2011 QCCA 1491
This case concerned the validity of a municipal bylaw which restricted the use of a municipal boat ramp and a lake to residents. The bylaw was challenged by a local businessman who had a small cottage rental business and used the municipal boat ramp to launch his customers’ boats. At first instance the validity of the bylaw was upheld, on …
Full SummaryR. v. Latouche, 2010 ABPC 166
In this case the applicants were charged with not wearing life jackets while floating on an inflatable raft down the Elbow River in Calgary contrary to a municipal bylaw. The applicants challenged the constitutional validity of the bylaw saying that the bylaw encroached on Parliament’s exclusive jurisdiction over navigation and shipping. It was conceded that Parliament had jurisdiction over navigation …
Full SummaryDurham v. Todd, 2010 ONCJ 122
In this matter the defendant boat owner was charged with trespass under the Ontario Trespass to Property Act and with infractions of various municipal by-laws. The charges all related to anchoring in Port Whitby Harbour which was a harbour designated under the Fisheries and Recreational Harbours Act. The harbour was administered by the municipality pursuant to an agreement with the …
Full SummaryR v. Lewis, 2009 BCPC 386
The issue in this case was the constitutional validity of the Boating Restrictions Regulations under the Canada Shipping Act. Specifically, the challenge was to restrictions imposed on anchoring in False Creek, Vancouver. The accused were charged with anchoring without a permit. The defence was that the Boating Restrictions Regulations was an attempt by the Federal Government to legislate in respect …
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