The following is the judgment delivered by
1. The Court‑‑We are all of the view that the appeal should be dismissed, substantially for the reasons given by MacKinnon A.C.J.O. for the Ontario Court of Appeal: (1985), 49 O.R. (2d) 705, 7 O.A.C. 283. At one point, however, the reasons state that the provinces are powerless to regulate fishing for commercial purposes. That is undoubtedly true of general legislation for that purpose. We would not wish, however, to be taken as accepting the proposition that the provinces lack jurisdiction to make such regulations in respect of provincially‑owned fisheries as an aspect of their power to administer their public property. Any such regulations would, of course, be subject to overriding federal legislation.
Appeal dismissed.
Solicitors for the appellants: Gowling & Henderson, Toronto.
Solicitor for the respondents: Archie Campbell, Toronto.
Solicitor for the intervener the Attorney General of Canada: Frank Iacobucci, Ottawa.
Solicitor for the intervener the Attorney General for Saskatchewan: Brian Barrington‑Foote, Regina.
Footnotes
- [1] * Le Dain J. took no part in the judgment.
Cases cited
- 49 O.R. (2d) 705 49 O.R. (2d) 705