R. v. Crown Zellerbach
Canada Supreme Court
1 S.C.R. 401 (1988)
- Written by Mary Katherine Cunningham, JD
Facts
Crown Zellerbach (defendant) was a corporation with logging operations on Vancouver Island, British Columbia. On Vancouver Island, Crown Zellerbach dredged wood waste from one location in the ocean to another location within Beaver Cove. The Canadian government cited Crown Zellerbach for its activity in Beaver Cove under Section 4(1) of Ocean Dumping Control Act. Crown Zellerbach appealed the matter to the Canadian Supreme Court. Crown Zellerbach conceded that Parliament retained jurisdiction to regulate the waters outside the territorial limits of any province and to prevent pollution harmful to fisheries within provincial waters. Crown Zellerbach argued, however, that Section 4(1) did not apply as the dumping operation occurred solely within British Columbia and did not have any pollutant effect on navigation or marine life. The government of Canada countered that Section 4(1) allowed regulating against dumping in provincial marine waters as part of a single matter of national concern within the federal peace, order, and good government power.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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