Ban ocean fish farms?

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Re: Ban ocean fish farms?

Postby alanjh595 » Mar 1st, 2018, 12:45 pm

And.....if one was to read to the very end to the last paragraph of the summation of the judgement........

I would answer the question posed in this Reference in the negative and hold that the submerged lands belong to Her Majesty in right of Canada.
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Re: Ban ocean fish farms?

Postby Cactusflower » Mar 1st, 2018, 1:53 pm

Cactusflower wrote:
Cactusflower wrote:https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/5267/index.do
This 1984 Supreme Court ruling proves that Ottawa has no jurisdiction over the water between B.C.'s mainland and Vancouver Island, therefore it has no jurisdiction over the floating fish farms either. Horgan needs to get on that ASAP.


One doesn't have to read very far in this court decision to find this quote: "The majority of the Court of Appeal concluded that the land and waters between Vancouver Island and the mainland were, at Confederation, within the province and answered the question in the affirmative."


There has been no court ruling since that overturned this decision.

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Re: Ban ocean fish farms?

Postby Cactusflower » Mar 2nd, 2018, 2:01 pm

https://www.castanet.net/news/BC/220149 ... ler-whales
LeBlanc is just another useless Liberal cabinet minister. Like his predecessors, he couldn't care less about the west coast, he probably couldn't even find it on a map of Canada. It's time our provincial government took action and legally wrested jurisdiction for B.C.'s coastal waters away from the Feds. It's the only way we're going to save our Orcas and wild salmon.
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Re: Ban ocean fish farms?

Postby Hassel99 » Mar 2nd, 2018, 2:11 pm

Cactusflower wrote:https://www.castanet.net/news/BC/220149/Save-our-killer-whales
LeBlanc is just another useless Liberal cabinet minister. Like his predecessors, he couldn't care less about the west coast, he probably couldn't even find it on a map of Canada. It's time our provincial government took action and legally wrested jurisdiction for B.C.'s coastal waters away from the Feds. It's the only way we're going to save our Orcas and wild salmon.





So not a fan of the Canadian Constitution Act?
And you think the BC NDP government can potentially over ride it ?

Do you every just stop and say to yourself "you know i am about to say something really stupid, maybe i should reconsider or at least sleep on it." We all wish you would consider sober self reflection.

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Re: Ban ocean fish farms?

Postby Cactusflower » Mar 2nd, 2018, 3:31 pm

Cactusflower wrote:
Cactusflower wrote:https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/5267/index.do
This 1984 Supreme Court ruling proves that Ottawa has no jurisdiction over the water between B.C.'s mainland and Vancouver Island, therefore it has no jurisdiction over the floating fish farms either. Horgan needs to get on that ASAP.

There has been no court ruling since that overturned this decision.


I repeat, the 1984 decision by the Supreme Court still holds. The provincial government has jurisdiction over all the waters between the Vancouver Island and the mainland.
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Re: Ban ocean fish farms?

Postby alanjh595 » Mar 2nd, 2018, 4:59 pm

The federal government has jurisdiction over offshore waters–from the low water mark out to 12 nautical miles along the outer coasts’ federal Debt. of Fisheries and Oceans is responsible for managing and protecting fish populations and fish habitat under the Fisheries Act, including shoreline “riparian” habitats, as well as for maintaining maritime safety through the Coast Guard. Transport Canada is responsible for preserving the public rightofnavigationundertheNavigableWatersProtectionAct.PortAuthoritiesarealsoestablishedunderfederal legislationtomanagemajorharboursandfacilitiesthatarefederalCrownlands3 , such as Victoria, metro Vancouver, Port Alberni, Prince Rupert and Nanaimo harbour..


http://www.salishsea.ca/resources/Ripar ... alVer4.pdf
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Re: Ban ocean fish farms?

Postby Snman » Mar 2nd, 2018, 6:04 pm

Then why look for federal financial guarantees in the event of a spill of some type? If it's all British Columbia's then British Columbia can foot the bill especially if they think they can dictate what does and does not take place in said waters. No? Why not just separate and forget that silly confederation idea?
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Re: Ban ocean fish farms?

Postby Cactusflower » Mar 2nd, 2018, 6:32 pm

No floating fish farms; no problem.
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Re: Ban ocean fish farms?

Postby hobbyguy » Mar 2nd, 2018, 6:39 pm

CF - I suggest that you are incorrect in your interpretation of the 1984 decision. Yes, the province of BC "owns" the seabed of the Straight of Georgia etc. BUT, quoted from the SCOC decision:

"It is important to note that the question raised in this Reference is not concerned with legislative jurisdiction nor with political or economic considerations. No question arises as to the power of Parliament to legislate in relation to matters within its exclusive legislative jurisdiction as, for example, control over shipping, navigation, trade and commerce, customs, fisheries and defence. The sole question here is the matter of proprietorship in lands."

So BC could indeed prevent a drilling platform from actually drilling in the Straight, but it can not prevent the drilling platform from being towed through the waters etc.

The decision also references the British law practice of granting jurisdiction of navigable waters beyond 1 marine league, and any navigation channels narrower than that, to the Crown (in this case the federal government) via the Admiralty. That confirms federal jurisdiction over those waters as "navigable waters".

The final statement in the decision is quite clear that it is the "lands", in this case the seabed, that BC "owns".

"It follows that the seabed is still within and part of British Columbia today. In my opinion the answer to the question in this Reference is “yes”."

I'm not a lawyer, but that is pretty dang clear. BC's "ownership" does not impinge on the federal jurisdiction.
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Re: Ban ocean fish farms?

Postby Cactusflower » Mar 2nd, 2018, 8:25 pm

^^Perhaps I'll ask David Eby to interpret it. You can ask Andrew Wilkinson and we'll compare interpretations.
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Re: Ban ocean fish farms?

Postby hobbyguy » Mar 2nd, 2018, 9:39 pm

Cactusflower wrote:^^Perhaps I'll ask David Eby to interpret it. You can ask Andrew Wilkinson and we'll compare interpretations.


Or you could just read the SCOC decision. Those quotations are straight from it.
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Re: Ban ocean fish farms?

Postby Cactusflower » Mar 2nd, 2018, 9:57 pm

hobbyguy wrote:
Cactusflower wrote:^^Perhaps I'll ask David Eby to interpret it. You can ask Andrew Wilkinson and we'll compare interpretations.


Or you could just read the SCOC decision. Those quotations are straight from it.

And they are open to interpretation.
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Re: Ban ocean fish farms?

Postby Jhunter199 » Mar 2nd, 2018, 10:00 pm

I agree Hobbyguy, after reading it a couple times I would say your interpretation is right. Yes CF the BC Prov gov't continues from 1984 to have the jurisdiction of the sea bed through the straight, the federal gov't still has control of the actual water ways.

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Re: Ban ocean fish farms?

Postby Cactusflower » Mar 3rd, 2018, 10:03 am

Back to the topic of fish farms, I just heard this morning that WA State is going to phase out their floating fish farms by 2025. I certainly hope that when our governments finally decide to follow suit that they won't let our wild salmon wait that long. How many of our wild salmon will be left in another seven years?
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Re: Ban ocean fish farms?

Postby Cactusflower » Mar 3rd, 2018, 11:43 pm

http://www.cbc.ca/news/canada/british-c ... -1.4561270
I'm aware of the reason why the BC Liberals kept renewing the floating fish farms permits, and was hoping the NDP would be different. They keep saying they care about wild salmon, but it's time they started walking the talk. The Green Party questioned them about it in QP and they managed to evade the question.

If you care about our wild salmon, write or call Donaldson, Horgan, and Weaver. If enough people flood them with e-mails or phone calls, perhaps they'll take us seriously.
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