Provincial Fisheries Reference

AG Canada v Provincial AGs
Court Judicial Committee of the Privy Council
Full case name The Attorneys General for the Provinces of Ontario v The Attorney General for the Dominion of Canada
Decided 26 May 1898
Citation(s) 1898 UKPC 30
Case history
Appealed from Supreme Court of Canada
Court membership
Judges sitting Lord Herschell, Lord Watson, Lord Macnaghten, Lord Morris, Lord Shand, Lord Davey, Sir Henry De Villiers, The Lord Chancellor
Case opinions
Decision by Lord Herschell

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 one case in the JCPC was in reality 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.

References

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