R. v. Kapp

R. v. Kapp

The PSP and communal licences issued under the ACFLR were a valid exercise of federal regulatory authority allocating fisheries resources and did not, in context, deny the appellants a benefit of the law or impose discriminatory burdens under s.15; the trial judge's stays were therefore set aside and the appeal is...

Source-derived case information.

Citation
2006 BCCA 277
Parties
Respondent (appellant): Regina; Appellants (respondents): John Michael Kapp and others; Intervenors: Cowichan Tribes; Tseshaht First Nation; Tsawwassen First Nation; Sport Fishing Defence Alliance; B.C. Seafood Alliance; Pacific Salmon Harvesters Society; Aboriginal Fishing Vessel Owners' Association; The United Fishermen and Allied Workers' Union
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
8 June 2006
Procedural Posture
Summary Conviction Appeal / Constitutional Challenge / Appeal to Court of Appeal (judgment)
Outcome
Appeal dismissed; stays of proceedings entered by trial judge set aside; convictions reinstated for convicted appellants
Legal Topics
Charter S.15 Equality, Charter S.25, Delegation of Regulatory Power, Exclusive Fishery, Fisheries Act Regulatory Scheme, Remedies (stay of Proceedings)
Source Language
english
Constitutional Law Criminal Law Administrative Law Aboriginal Law Fisheries Law Charter S.15 Equality Charter S.25 Delegation of Regulatory Power +3 more

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Parties

Regina

Respondent (appellant)

John Michael Kapp and others

Appellants (respondents)

Cowichan Tribes; Tseshaht First Nation; Tsawwassen First Nation; Sport Fishing Defence Alliance; B.C. Seafood Alliance; Pacific Salmon Harvesters Society; Aboriginal Fishing Vessel Owners' Association; The United Fishermen and Allied Workers' Union

Intervenors

Procedural Posture

Summary Conviction Appeal / Constitutional Challenge / Appeal to Court of Appeal (judgment)

Legal Issues

  1. 1 Whether the Pilot Sales Program (PSP) and communal licences under the ACFLR discriminated contrary to s.15 of the Charter
  2. 2 Whether the communal licence created an exclusive fishery ultra vires federal power or infringing provincial jurisdiction
  3. 3 Whether s.25 of the Charter shields aboriginal or treaty or other aboriginal-related rights from Charter attack

Ratio Decidendi

The PSP and communal licences issued under the ACFLR were a valid exercise of federal regulatory authority allocating fisheries resources and did not, in context, deny the appellants a benefit of the law or impose discriminatory burdens under s.15; the trial judge's stays were therefore set aside and the appeal is dismissed.

Court Disposition

Appeal dismissed; stays of proceedings entered by trial judge set aside; convictions reinstated for convicted appellants

Orders

  • Appeal dismissed
  • Stays of proceedings entered by the trial judge set aside