R. v. Les Pêcheries Alfo ltée, (1983) 46 N.B.R.(2d) 361 (PC)

JudgeArsenault, J.
CourtProvincial Court of New Brunswick (Canada)
Case DateMarch 24, 1983
JurisdictionNew Brunswick
Citations(1983), 46 N.B.R.(2d) 361 (PC)

R. v. Les Pêcheries Alfo ltée (1983), 46 N.B.R.(2d) 361 (PC);

    46 R.N.-B.(2e) 361; 121 A.P.R. 361

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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R. v. Les Pêcheries Alfo Ltée

Indexed As: R. v. Les Pêcheries Alfo ltée

Répertorié: R. v. Les Pêcheries Alfo ltée

New Brunswick Provincial Court

Arsenault, J.

March 25, 1983.

Summary:

Résumé:

The defendant operated a fish processing plant in which it processed sectioned crab for shipment. In sectioning the crabmeat is not removed from its shell. In February 1982 it was learned that the New Brunswick Department of Fisheries intended to require that 60% of all crab processed have the meat removed from the shell. Despite the defendant's pleas for sufficient time to make the requisite processing changes, the Fish Processing Act, S.N.B. 1982, c. F-18.01, was passed and proclaimed in May 1982 along with regulations requiring 60% of crab processed to have meat removed from the shell. The defendant continued its sectioning process and was charged with violating the new Act.

The New Brunswick Provincial Court convicted the defendant after finding that the Act and regulations were valid.

Civil Rights - Topic 1502

Property - Deprivation of property - What constitutes - A fish processor processed sectioned crab by which meat was not removed from the shell - In a precipitate manner the Province required 60% of crab processed to have meat removed from the shell, which the processor was not equipped to do, needing time to convert - The processor in defence of a charge of violation of the requirement pleaded that the resulting dislocation of its operation infringed its enjoyment of its property - The New Brunswick Provincial Court held that the law did not constitute an unlawful infringement of the processor's property - See paragraphs 57 to 67.

Constitutional Law - Topic 3614

Paramountcy of federal statutes - Overlapping legislation - Conflict - What constitutes - The Fish Processing Act, S.N.B. 1982, c. F-18.01, required 60% of crab processed to have the meat removed from the shell - A processor claimed that the requirement conflicted with existing federal fisheries laws respecting sanitary procedures in handling fish, seasons and specie quotas - The New Brunswick Provincial Court held that there was no conflict between the Fish Processing Act and existing federal law - See paragraphs 49 to 56.

Constitutional Law - Topic 7513

Provincial jurisdiction - Matters of local or private nature - Food processing - The Fish Processing Act, S.N.B. 1982, c. F-18.01, required 60% of crab processed to have the meat removed from the shell - The New Brunswick Provincial Court held that the Act was valid provincial legislation - See paragraphs 38 to 48.

Statutes - Topic 2261

Interpretation - presumptions and rules in aid - Presumption against abridgement of proprietary rights - The New Brunswick Provincial Court referred to the principle of statutory interpretation that a statute should not in the absence of clear language be construed as taking the property of an individual without compensation - The court held that the dislocation of a fish processor's operation by a provincial requirement that 60% of crab processed have the meat removed from the shell did not constitute abridgement of the processor's proprietary rights - See paragraphs 60 to 61.

Statutes - Topic 5843

Operation and effect - Enforcement - Prerequisites to enforcement - Publication and knowledge - In February New Brunswick fish processors heard that the Province intended to require 60% of all crab processed to have the meat removed from the shell - The law came into effect in May, giving a processor insufficient time to modify its crab processing operation - It was charged with violating the Act soon after it came into effect - The New Brunswick Provincial Court convicted the processor after finding that there was no requirement on the Crown to prove that the Act was published and distributed among the processors - The court held that the precipitate passing of the Act did not invalidate it - See paragraphs 20 to 29.

Statutes - Topic 6229

Operation and effect - Effect on earlier statutes - Implied repeals - Arising out of conflict of provisions - The Fish Processing Act, S.N.B. 1982, c. F-18.01, required 60% of all crab processed to have the meat removed from the shell - The requirement came into effect before a processor had time to convert its operation and pleaded that the requirement conflicted with its existing licences - The New Brunswick Provincial Court held that the new requirement was merely an addition to and not in conflict with previous requirements and did not raise the issue of implied repeal of previous requirements - See paragraphs 32 to 37.

Cases Noticed:

New Brunswick Liquor Corporation v. Canadian Union of Public Employees, Local 963 (1978), 21 N.B.R.(2d) 441; 37 A.P.R. 441, consd. [para. 22].

Province of New Brunswick v. Budovitch (1969), 1 N.B.R.(2d) 661, consd. [para. 36].

Ex parte Coleman (1885), 23 N.B.R. 574, ref'd to. [para. 36].

Irving Oil Limited et al. v. National Harbours Board (1983), 46 N.R. 91, consd. [para. 39].

R. v. Gautreau (1978), 21 N.B.R.(2d) 701; 37 A.P.R. 701, appld. [para. 47].

Brewer v. Brewer (1982), 35 N.B.R.(2d) 329; 88 A.P.R. 329, appld. [para. 49].

Re Fisheries Act, 1914, [1930] 1 D.L.R. 194, appld. [para. 50].

Re Estabrooks Pontiac-Buick Ltd. (1982), 44 N.B.R.(2d) 201; 116 A.P.R. 201, consd. [para. 60].

Manitoba Fisheries Ltd. v. The Queen (1978), 23 N.R. 159; 88 D.L.R.(3d) 462, dist. [para. 62].

Statutes Noticed:

British North America Act, 1867 - see Constitution Act below.

Constitution Act, 1867, sect. 91(2), sect. 91(12) [para. 38]; sect. 92(13) [para. 66].

Fish Processing Act, S.N.B. 1982, c. F-18.01, sect. 1, sect. 3, sect. 4, sect. 7(1), sect. 9 [para. 15].

Fish Processing Act Regulations (Crab Processing) Reg. 82-91, sect. 2, sect. 3, sect. 5(2), sect. 6(1) [para. 16]; sect. 8 [para. 27].

Interpretation Act, R.S.N.B. 1973, c. I-13, sect. 5(1) [para. 24].

Regulations Act, R.S.N.B. 1973, c. R-7, sect. 2(2) [para. 26]; sect. 3 [para. 29].

Authors and Works Noticed:

Craies on Statute Law [para. 36].

Driedger, E.A., The Construction of Statutes, p. 137 [para. 60].

Counsel:

[None disclosed.]

This case was heard at Bathurst, N.B., before ARSENAULT, J., of the New Brunswick Provincial Court, who delivered the following judgment on March 24, 1983:

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1 practice notes
  • Barry's Ltd. v. Fishermen, Food and Allied Workers' Union, (1992) 98 Nfld. & P.E.I.R. 249 (NFTD)
    • Canada
    • Newfoundland and Labrador Supreme Court of Newfoundland and Labrador (Canada)
    • 25 Mayo 1992
    ...111, refd to. [para. 9]. Fish Canneries Case - see Attorney General of Canada v. Attorney General of B.C. R v. Pecheries Alfo Ltée (1983), 46 N.B.R.(2d) 361; 121 A.P.R. 361 (N.B.P.C.), refd to. [para. B.C. Packers Ltd. et al., Re (1975), 71 D.L.R.(3d) 565 (F.C.A.), refd to. [para. 10]. R. v......
1 cases
  • Barry's Ltd. v. Fishermen, Food and Allied Workers' Union, (1992) 98 Nfld. & P.E.I.R. 249 (NFTD)
    • Canada
    • Newfoundland and Labrador Supreme Court of Newfoundland and Labrador (Canada)
    • 25 Mayo 1992
    ...111, refd to. [para. 9]. Fish Canneries Case - see Attorney General of Canada v. Attorney General of B.C. R v. Pecheries Alfo Ltée (1983), 46 N.B.R.(2d) 361; 121 A.P.R. 361 (N.B.P.C.), refd to. [para. B.C. Packers Ltd. et al., Re (1975), 71 D.L.R.(3d) 565 (F.C.A.), refd to. [para. 10]. R. v......

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