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. 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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