This case involved a challenge to a licence issued under the Newfoundland Fish Inspection Act that imposed conditions restricting a fish processor and wholesaler from exporting fish. After performing a pith and substance analysis, the court upheld the trial court finding that "the core or essential character of the provincial licensing scheme is the regulation of the processing and handling of fish, including crab within the province. Accordingly, the challenge to the legislation failed.
Editor’s note: The court in this case appears to have failed to address whether or not the paramountcy doctrine applied. See the discussion of this doctrine in Canadian Western Bank v. Alberta 2007 SCC 22. See also discussion of this and other cases in "A Reformulation of the Interjurisdictional Immunity Doctrine,Case Comment on Canadian Western Bank v. Alberta and British Columbia (A.G.) v. Lafarge" Presented to the maritime subsection of the B.C. branch of the Canadian Bar Association 25 October 2007 (Papers page)