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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).bailii.org: "The Attorneys General for the Provinces of Ontario v The Attorney General for the Dominion of Canada (Canada)
UKPC 30 (26 May 1898) This case in the JCPC was an amalgamation of three separate

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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one const ...
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Samuel Henry Strong
Sir Samuel Henry Strong (August 13, 1825 – August 31, 1909) was a lawyer and the third Chief Justice of Canada. Life Strong was born in Poole, England, to Samuel Spratt Strong and Jane Elizabeth Gosse. He emigrated to Upper Canada with his family in 1836, settling in Bytown (later known as Ottawa). He studied law in the office of local Ottawa lawyer Augustus Keefer. He was called to the bar in 1849 and established his practice in Toronto. He was elected a bencher of the Law Society of Upper Canada in 1860 and was made a QC in 1863. In 1869, Strong was appointed vice-chancellor of the Court of Chancery of Ontario. In 1874 he was appointed to the Ontario Court of Error and Appeal. Following Confederation he advised Prime Minister Sir John A. Macdonald on the establishment of the Supreme Court of Canada. He was named to the new court when it was created in 1875. He became Chief Justice in 1892 serving until his retirement in 1902, by which time he was the last of the origin ...
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Judicial Committee Of The Privy Council Cases On Appeal From Canada
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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1898 In Canada
Events from the year 1898 in Canada. Incumbents Crown * Monarch – Victoria Federal government * Governor General – John Hamilton-Gordon, 7th Earl of Aberdeen (until November 12) then Gilbert Elliot-Murray-Kynynmound, 4th Earl of Minto * Prime Minister – Wilfrid Laurier * Chief Justice – Samuel Henry Strong (Ontario) * Parliament – 8th Provincial governments Lieutenant governors *Lieutenant Governor of British Columbia – Thomas Robert McInnes * Lieutenant Governor of Manitoba – James Colebrooke Patterson *Lieutenant Governor of New Brunswick – Jabez Bunting Snowball *Lieutenant Governor of Nova Scotia – Malachy Bowes Daly *Lieutenant Governor of Ontario – Oliver Mowat *Lieutenant Governor of Prince Edward Island – George William Howlan *Lieutenant Governor of Quebec – Joseph-Adolphe Chapleau (until January 20) then Louis-Amable Jetté Premiers *Premier of British Columbia – John Herbert Turner (until August 15) then Charles Augustus ...
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Legal History Of Canada
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ...
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Water Case Law
Water (chemical formula ) is an inorganic, transparent, tasteless, odorless, and nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living organisms (in which it acts as a solvent). It is vital for all known forms of life, despite not providing food, energy or organic micronutrients. Its chemical formula, H2O, indicates that each of its molecules contains one oxygen and two hydrogen atoms, connected by covalent bonds. The hydrogen atoms are attached to the oxygen atom at an angle of 104.45°. "Water" is also the name of the liquid state of H2O at standard temperature and pressure. A number of natural states of water exist. It forms precipitation in the form of rain and aerosols in the form of fog. Clouds consist of suspended droplets of water and ice, its solid state. When finely divided, crystalline ice may precipitate in the form of snow. The gaseous state of water is steam or water vapor. Water covers ab ...
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Fishing In Canada
Fishing is the activity of trying to catch fish. Fish are often caught as wildlife from the natural environment, but may also be caught from stocked bodies of water such as ponds, canals, park wetlands and reservoirs. Fishing techniques include hand-gathering, spearing, netting, angling, shooting and trapping, as well as more destructive and often illegal techniques such as electrocution, blasting and poisoning. The term fishing broadly includes catching aquatic animals other than fish, such as crustaceans (shrimp/lobsters/ crabs), shellfish, cephalopods (octopus/squid) and echinoderms ( starfish/sea urchins). The term is not normally applied to harvesting fish raised in controlled cultivations (fish farming). Nor is it normally applied to hunting aquatic mammals, where terms like whaling and sealing are used instead. Fishing has been an important part of human culture since hunter-gatherer times, and is one of the few food production activities that have persisted ...
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History Of Fishing
Fishing is a prehistoric practice dating back at least 40,000 years. Since the 16th century, fishing vessels have been able to cross oceans in pursuit of fish, and since the 19th century it has been possible to use larger vessels and in some cases Fish processing vessel, process the fish on board. Fish are normally Wild fisheries, caught in the wild. Fishing technique, Techniques for catching fish include Gathering seafood by hand, hand gathering, Spearfishing, spearing, Fish net, netting, angling and Fish trap, trapping. The term fishing may be applied to catching other aquatic animals such as shellfish, cephalopods, crustaceans and echinoderms. The term is not usually applied to catching aquatic mammals, such as whales, where the term whaling is more appropriate, or to farmed fish. In addition to providing food, modern fishing is also Recreational fishing, recreational sport. According to FAO statistics, the total number of fisherman, fishermen and fish farmers is estimated to ...
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Fisheries Law
Fisheries law is an emerging and specialized area of law. Fisheries law is the study and analysis of different fisheries management approaches such as catch shares e.g. Individual Transferable Quotas; TURFs; and others. The study of fisheries law is important in order to craft policy guidelines that maximize sustainability and legal enforcement. This specific legal area is rarely taught at law schools around the world, which leaves a vacuum of advocacy and research. Fisheries law also takes into account international treaties and industry norms in order to analyze fisheries management regulations. In addition, fisheries law includes access to justice for small-scale fisheries and coastal and aboriginal communities and labor issues such as child labor laws, employment law, and family law. Another important area of research covered in fisheries law is seafood safety. Each country, or region, around the world has a varying degree of seafood safety standards and regulations. Thes ...
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1898 In Canadian Law
Events January–March * January 1 – New York City annexes land from surrounding counties, creating the City of Greater New York as the world's second largest. The city is geographically divided into five boroughs: Manhattan, Brooklyn, Queens, The Bronx and Staten Island. * January 13 – Novelist Émile Zola's open letter to the President of the French Republic on the Dreyfus affair, ''J'Accuse…!'', is published on the front page of the Paris daily newspaper ''L'Aurore'', accusing the government of wrongfully imprisoning Alfred Dreyfus and of antisemitism. * February 12 – The automobile belonging to Henry Lindfield of Brighton rolls out of control down a hill in Purley, London, England, and hits a tree; thus he becomes the world's first fatality from an automobile accident on a public highway. * February 15 – Spanish–American War: The USS ''Maine'' explodes and sinks in Havana Harbor, Cuba, for reasons never fully established, killing 266 me ...
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List Of New Brunswick Case Law
Significant lawsuits of New Brunswick are described, if not elsewhere, here (in chronological order). Consolidations of statute law were published in 1854, 1877, 1903, 1927, 1952, and 1973. A useful "Index to the Private Acts of the Province of New Brunswick, 1929-2012" exists at the New Brunswick branch of the Canadian Bar Association. For early history, see the series published by the Carswell Company: ''Reports of Cases Determined by the Supreme Court of New Brunswick''. Gesner v Cairns (1852) Gesner maintained that Cairns trespassed the property leased by the former, felled trees on it, spoliated it and expropriated 1,000 tons of valuable material. Gesner maintained the material to be asphaltum, while Cairns was a coal miner. The defendant was evidently permitted to mine coal, not asphaltum. The evidence presented to the jury was of a technical nature and regarded the nature of the material. The defendant won the day. Maher v Town Council of Portland (1874) Maher v Town ...
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