Moore v. Johnson et al.

Moore v. Johnson et al.

Section 15 of The Seal Fishery Act concerns the killing and handling of seals, a matter within federal jurisdiction under s.91(12) (Sea Coast and Inland Fisheries); Regulation 24 of the Seal Protection Regulations, validly made under the Fisheries Act, governs the same subject‑matter and so altered s.15 of the provincial Act rendering it ineffective as part of the continuing pre‑Confederation law of Newfoundland; consequently prosecutions under s.15 are not within provincial jurisdiction and the writs of prohibition were properly issued.

Citation
[1982] 1 SCR 115
Parties
Appellant (third Defendant): Patrick Moore; Plaintiff / Respondent: Morrissey Johnson; Respondent (first Defendant): Gordon W. Seabright; Respondent (first Defendant): Arthur E. Cramm; Respondent (second Defendant): The Attorney General for the Province of Newfoundland; Intervener: The Attorney General of Canada; Respondent: Ulf Snarby; Respondent: John Lundrigan; Respondent: James Gillett
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 January 1982
Procedural Posture
Appeal (constitutional Law) / On Appeal to the Supreme Court of Canada From the Newfoundland Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Terms of Union (newfoundland), Legislative Competence, Sea Coast and Inland Fisheries (s.91(12)), Effect of Federal Regulations on Pre‑confederation Provincial Laws (s.18(1) Terms of Union), Seal Protection Regulations (reg. 24), Validity of Prosecutions Under Provincial Statute
Source Language
English
Constitutional Law Fisheries Law Administrative Law Terms of Union (newfoundland) Legislative Competence Sea Coast and Inland Fisheries (s.91(12)) Effect of Federal Regulations on Pre‑confederation Provincial Laws (s.18(1) Terms of Union) Seal Protection Regulations (reg. 24) +1 more

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Parties

Patrick Moore

Appellant (third Defendant)

Morrissey Johnson

Plaintiff / Respondent

Gordon W. Seabright

Respondent (first Defendant)

Arthur E. Cramm

Respondent (first Defendant)

The Attorney General for the Province of Newfoundland

Respondent (second Defendant)

The Attorney General of Canada

Intervener

Ulf Snarby

Respondent

John Lundrigan

Respondent

James Gillett

Respondent

Procedural Posture

Appeal (constitutional Law) / On Appeal to the Supreme Court of Canada From the Newfoundland Court of Appeal

Legal Issues

  1. 1 Whether s.15 of The Seal Fishery Act is within provincial legislative authority under s.92 of the BNA Act
  2. 2 Whether Parliament of Canada validly altered or rendered ineffective s.15 by enacting Regulation 24 of the Seal Protection Regulations under the Fisheries Act
  3. 3 Whether Regulation 24 applies to the area where the alleged offences occurred and whether it creates a conflict with s.15

Ratio Decidendi

Section 15 of The Seal Fishery Act concerns the killing and handling of seals, a matter within federal jurisdiction under s.91(12) (Sea Coast and Inland Fisheries); Regulation 24 of the Seal Protection Regulations, validly made under the Fisheries Act, governs the same subject‑matter and so altered s.15 of the provincial Act rendering it ineffective as part of the continuing pre‑Confederation law of Newfoundland; consequently prosecutions under s.15 are not within provincial jurisdiction and the writs of prohibition were properly issued.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Writs of prohibition upheld, preventing prosecution under s.15 of The Seal Fishery Act