R. v. Mersey Seafoods Ltd.

R. v. Mersey Seafoods Ltd.

Safety aboard ships, including fishing vessels, is in pith and substance a matter integral to the management of ships and falls under federal jurisdiction pursuant to s.91(10). Provincial occupational health and safety legislation is therefore inapplicable to federally regulated ships by virtue of the interjurisdictional immunity doctrine and, alternatively, is inoperative under the paramountcy doctrine because the federal Canada Shipping Act and related schemes constitute a complete, distinct regulatory regime whose purpose would be frustrated by applying the provincial scheme; appeal dismissed.

Citation
2007 NSSC 155
Parties
Appellant (crown): Her Majesty The Queen; Respondent (defendant Employer): Mersey Seafoods Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 May 2007
Procedural Posture
Criminal Prosecution With Constitutional Appeal / Appeal From Provincial Court on a Constitutional Question (judicial Review on Correctness Standard)
Outcome
Appeal dismissed; Nova Scotia Occupational Health and Safety Act does not apply to the fishing vessel (safety aboard ships excluded)
Legal Topics
Division of Powers, Pith and Substance, Interjurisdictional Immunity, Paramountcy Doctrine, Double Aspect Doctrine, Reading Down, Applicability of Provincial Law to Federal Undertakings
Source Language
English
Constitutional Law Maritime Law Occupational Health and Safety Law Labour Law Administrative Law Division of Powers Pith and Substance Interjurisdictional Immunity +4 more

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Parties

Her Majesty The Queen

Appellant (crown)

Mersey Seafoods Limited

Respondent (defendant Employer)

Procedural Posture

Criminal Prosecution With Constitutional Appeal / Appeal From Provincial Court on a Constitutional Question (judicial Review on Correctness Standard)

Legal Issues

  1. 1 Whether Nova Scotia's Occupational Health and Safety Act applies to a fishing vessel registered and operating under federal maritime jurisdiction
  2. 2 Whether safety aboard ships is in pith and substance a matter of federal jurisdiction under s.91(10) (navigation and shipping)
  3. 3 Whether provincial OH&S is inapplicable by virtue of interjurisdictional immunity or rendered inoperative by paramountcy

Ratio Decidendi

Safety aboard ships, including fishing vessels, is in pith and substance a matter integral to the management of ships and falls under federal jurisdiction pursuant to s.91(10). Provincial occupational health and safety legislation is therefore inapplicable to federally regulated ships by virtue of the interjurisdictional immunity doctrine and, alternatively, is inoperative under the paramountcy doctrine because the federal Canada Shipping Act and related schemes constitute a complete, distinct regulatory regime whose purpose would be frustrated by applying the provincial scheme; appeal dismissed.

Court Disposition

Appeal dismissed; Nova Scotia Occupational Health and Safety Act does not apply to the fishing vessel (safety aboard ships excluded)

Orders

  • Appeal dismissed.
  • Nova Scotia Occupational Health and Safety Act read down so as not to apply to safety aboard ships regulated under the Canada Shipping Act; provincial provisions inoperative in respect of federally regulated ships.