These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

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R v. Allen, 2005 NSCA 118

In Constitutional Cases, Fish Cases on (Updated )

The case involved charges of failing to pay dues are required by the Fisheries Organizations Support Act of Nova Scotia. This is legislation was enacted in 1996 for the stated purpose "to strengthen fisheries organizations in the province and provide a procedure to enable accredited fisheries organizations to collect mandatory annual dues from licence holders". The defendant argued that this …

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R v. Patey, 2007 CanLII 30748

In Constitutional Cases, Fish Cases on (Updated )

The case involved a sports fisher, fishing in Newfoundland inland waters who was charged with failing to affix a salmon tag to his fish a required by the provincial Wild Life Regulations. In defence, he challenged the constitutional validity of the provincial legislation. The Federal Crown did not intervene. After reviewing the jurisprudence, the court concluded that the Province and …

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Dandy Dan's Fish Market Ltd. v. Newfoundland and Labrador, 2007 NLCA 26

In Constitutional Cases, Fish Cases on (Updated )

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 …

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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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