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

These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.

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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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