These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.

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

R v. Wheadon, 2006 NLTD 139

In Constitutional Cases, Fish Cases on (Updated )

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 …

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R v. Ward, 2002 SCC 17

In Constitutional Cases, Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a fisherman who was charged under section 27 of the Marine Mammals Regulations, SOR 56/93, passed pursuant to the Fisheries Act. This regulation prohibited the sale of, amongst other things, “blueback” seals, which are young hooded seals and whitecoats, which are young harp seals. The evidence lead at trial was that public opinion opposed to the killing …

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Bouzan v. Canada, 2007 NLCA 64

In Constitutional Cases, Fish Cases on (Updated )

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 …

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R v. Ralph, 2006 NLCA 15

In Constitutional Cases, Fish Cases on (Updated )

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 …

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R. v. Latouche, 2010 ABPC 166

In Constitutional Issues in Maritime Law on (Updated )

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 …

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Early Recovered Resources Inc. v. British Columbia, 2005 FC 995

In Constitutional Issues in Maritime Law on (Updated )

The issue in this case was the constitutional validity or applicability of: first, Part 9 of the Forest Act of British Columbia and the associated Log Salvage Regulation passed pursuant thereto; and second, the Canada Shipping Act and the International Convention on Salvage (the “Salvage Convention”). Part 9 of the Forest Act and the Log Salvage Regulation regulate, inter alia, …

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Island Tug & Barge Ltd. v. Communication, Energy and Paperworkers Union, 2003 BCCA 247

In Constitutional Issues in Maritime Law on (Updated )

The Respondent union had set up a “water” picket attempting to prevent vessels from berthing at the Petro-Canada terminal in Vancouver where the union was on strike. The Appellant tug and barge operators sought an injunction from the BC Supreme Court to restrict or limit the picketing. The BC Supreme Court held that it did not have jurisdiction as the …

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