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 Summary
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.
R v. Ward, 2002 SCC 17
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 …
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 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 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 SummaryEarly Recovered Resources Inc. v. British Columbia, 2005 FC 995
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, …
Full SummaryIsland Tug & Barge Ltd. v. Communication, Energy and Paperworkers Union, 2003 BCCA 247
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 …
Full Summary