Provincial Fisheries Reference

The Provincial Fisheries Reference was a lawsuit decided in 1898 by the Judicial Committee of the Privy Council (JCPC). It arose from a government turf war in Canada over the jurisdictional boundaries of property rights in relation to rivers, lakes, harbours, fisheries, and other cognate subjects. The 12-page judgment was delivered by Lord Hershell, and followed on from R v Robertson (1882).[1] This case in the JCPC was an amalgamation of three separate Supreme Court of Canada appeals, which were grouped into one because of their similarities. The judgment broke little ground, and can be considered a ringing affirmation of the Strong court.

AG Canada v Provincial AGs
CourtJudicial Committee of the Privy Council
Full case nameThe Attorneys General for the Provinces of Ontario v The Attorney General for the Dominion of Canada
Decided26 May 1898
Citation(s)1898 UKPC 30
Case history
Appealed fromSupreme Court of Canada
Court membership
Judges sittingLord Herschell, Lord Watson, Lord Macnaghten, Lord Morris, Lord Shand, Lord Davey, Sir Henry De Villiers, The Lord Chancellor
Case opinions
Decision byLord Herschell

References

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