Archibald v. The King

Archibald v. The King

Majority held s.6 is permissive and not a prerequisite to the clerk's duty under ss.5 and 7; the Act contains sufficient machinery for issuance of licences and the clerk's duty is mandatory and enforceable by mandamus directed to the municipal clerk; appeal dismissed with costs.

Citation
(1917) 56 SCR 48
Parties
Appellant (defendant): Parker Archibald; Respondent (plaintiff): His Majesty The King
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 November 1917
Procedural Posture
Appeal to Supreme Court of Canada / Decision on Appeal From Supreme Court of Nova Scotia Ordering Writ of Mandamus
Outcome
Appeal dismissed with costs
Legal Topics
Mandamus, Licensing, Construction of Statute, Municipal Powers, Public Fishing Rights, Statutory Duties of Municipal Officers
Source Language
English
Statute Interpretation Administrative Law Municipal Law Fisheries Law Remedies Mandamus Licensing Construction of Statute +3 more

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Parties

Parker Archibald

Appellant (defendant)

His Majesty The King

Respondent (plaintiff)

Procedural Posture

Appeal to Supreme Court of Canada / Decision on Appeal From Supreme Court of Nova Scotia Ordering Writ of Mandamus

Legal Issues

  1. 1 Whether s.6 of the Nova Scotia Fisheries Act is mandatory or permissive
  2. 2 Whether an occupant is entitled to a fishing licence absent a municipal by-law
  3. 3 Whether mandamus lies and to whom it may be directed (municipal council or municipal clerk)

Ratio Decidendi

Majority held s.6 is permissive and not a prerequisite to the clerk's duty under ss.5 and 7; the Act contains sufficient machinery for issuance of licences and the clerk's duty is mandatory and enforceable by mandamus directed to the municipal clerk; appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Writ of mandamus to issue against the municipal clerk ordering issuance of the licence to the occupant in proper form