Jurisdiction of Superior Court to hear challenge to authority of Minister of Fisheries to authorize commercial food fishery under Aboriginal Communal Fishing Licences Regulations

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Judicial Review - Jurisdiction of Superior Court to hear challenge to authority of Minister of Fisheries to authorize commercial food fishery under Aboriginal Communal Fishing Licences Regulations

R v. Cummins, 1997 CanLII 1659

In Fish Cases, Judicial Review/Crown Liability, Miscellaneous on July 12, 2012 (Updated July 12, 2012)

This case involved an action for a declaration that that section 6 of the Aboriginal Communal Fishing Licences Regulations is invalid by reason of an unlawful sub delegation of legislative power. The Crown sought a stay of the proceedings on the grounds that the action was essentially a matter of judicial review which was within the exclusive jurisdiction of the …

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