Decision to Issue Fish Farm Licences in Broughton Archipelago After Federal Government Assumed Jurisdiction Over Aquaculture

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.

Aboriginal Rights and Defences - Decision to Issue Fish Farm Licences in Broughton Archipelago After Federal Government Assumed Jurisdiction Over Aquaculture - Judicial Review

Kwicksutaineuk Ah-kw A-mish First Nation v. Canada (A.G.) et al., 2012 FC 517

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on May 23, 2013 (Updated May 23, 2013)

This was an application for judicial review that was a direct consequence of the Morton decision that held the provincial regulatory regime over fin fish aquaculture was constitutionally invalid. As a result of this decision, the federal government was given one year to consider and put into place a regulatory regime over aquaculture in B.C. This meant approximately 680 provincial …

Full Summary