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

Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.

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R v. Mersey Seafoods Ltd., 2007, NSSC 155, 2008 NSCA 67

In Constitutional Cases, Fish Cases on (Updated )

Based upon the interjurisdictional immunity doctrine the trial court held that the Nova Scotia’s Occupational Health and Safety legislation was inapplicable with respect to fishing vessels. Alternatively, it is inoperable pursuant to the Paramountcy doctrine.This decision was overturned on appeal(2008 NSCA 67). For a discussion of the interjurisdictional immunity doctrine see: A Reformulation of the Interjurisdictional Immunity Doctrine,Case Comment on …

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