Canada's maritime law is based on the "Navigation and Sailing" field held by the Canadian Parliament based on s. 91 (10) of the Constitutional Act, 1867 .
Video Canadian maritime law
Jurisdictional coverage
Canada has adopted a broad definition of maritime law, which goes beyond traditional admiralty laws. The original British admiralty jurisdiction is called "wet", as it concerns itself with things done at sea, including collisions, rescues and seafarers' work, and contracts and lawsuits done at sea. Canadian law has added "dry" jurisdiction to this field, which includes such things as:
- stevedoring,
- marine insurance,
- warehousing and security services,
- agency contracts, and
- contract of carriage.
This list is not complete from the subject matter.
Maps Canadian maritime law
History
Canadian jurisdiction was initially consolidated in 1891, with subsequent expansions in 1934 following the passing of the Statute of Westminster 1931, and in 1971 with extensions for "dry" things.
The scope of the Canadian jurisdiction was christened in 1971 in the law creating the Canadian Federal Court:
2. ... "Canada's maritime law" means laws laid down by the Court of the Treasurer of Canada in the Admiralty side under the Admiralty Act, chapter A of the Statutes of Canada Revision, 1970, or other laws, or which would have been arranged if the Court had, on the Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, since the law has been amended by this Act or other Parliamentary Act; ...
...
42. Canada's maritime law immediately prior to 1 June 1971 continues to be subject to such changes as may be made by this Act or other Parliamentary Act.
Canadian Jurisprudence
It has been held by the Supreme Court of Canada, the most recent at Ordon Estate v. Grail , to cover a very broad field:
This has the effect of displacing many provincial laws previously used in cases of maritime responsibility, and the implications are still being worked on.
In the case of 2006 Isen v Simms , the Court endorsed a summary provided by DÃÆ' Â © cary JA on what is not included in the federal jurisdiction:
Source of the article : Wikipedia
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