Whether or not Provincial Superior Court has jurisdiction over case involving Band Council administering a commercial fishing contract. Practice

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.

Alleged breach of contract for the right to operate the commercial fishery rights of a First Nation. Aboriginal Rights - Application for an Injunction restraining party from interfering with or terminating contract. - Contracts - Whether or not Provincial Superior Court has jurisdiction over case involving Band Council administering a commercial fishing contract. Practice

Marion et al. v. Perley et al., 2015 NBQB 147

In Aboriginal Rights/Defences, Contracts, Fish Cases, Fisheries Practice on November 30, 2015 (Updated November 30, 2015)

This case involved an alleged agreement whereby the plaintiff paid a First Nation for the exclusive right to manage and operate its commercial fisheries for the 2013, 2014 and 2015 fisheries. The agreement allegedly gave the plaintiff full control over the commercial fishery operations, the right to lease licences at will from the First Nation and be the designate as …

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