Précis: The British Columbia Supreme Court upheld a local bylaw that prohibited long term moorage but allowed temporary moorage.
Full SummaryWest Kelowna (District) v. Newcombe, 2013 BCSC 2299, 2015 BCCA 5
Précis: The British Columbia Court of Appeal affirmed the decision of the Trial Judge (2013 BCSC 1411) that anchoring/mooring was a core element of Federal jurisdiction over navigation and shipping and a municipal by-law prohibiting mooring was constitutionally inapplicable pursuant to the doctrine of interjurisdictional immunity to the extent it prohibited temporary moorage.
Full SummaryR v. Lewis, 2009 BCPC 386
The issue in this case was the constitutional validity of the Boating Restrictions Regulations under the Canada Shipping Act. Specifically, the challenge was to restrictions imposed on anchoring in False Creek, Vancouver. The accused were charged with anchoring without a permit. The defence was that the Boating Restrictions Regulations was an attempt by the Federal Government to legislate in respect …
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