词条 | Canadian maritime law |
释义 |
Canadian maritime law is based on the field of "Navigation and Shipping" vested in the Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867. Scope of jurisdictionCanada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as:
This list is not exhaustive of the subject matter.[1] HistoryCanadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the Statute of Westminster 1931, and in 1971 with the extension to "dry" matters.[2] The scope of Canada's jurisdiction was crystallized in 1971 in legislation creating the Federal Court of Canada: {{quote|2. ..."Canadian maritime law" means the law that was administered by the Exchequer Court of Canada on its Admiralty side by virtue of the Admiralty Act, chapter A-1 of the Revised Statutes of Canada, 1970, or any other statute, or that would have been so administered if that Court had had, on its Admiralty side, unlimited jurisdiction in relation to maritime and admiralty matters, as that law has been altered by this Act or any other Act of Parliament;... ... 42. Canadian maritime law as it was immediately before June 1, 1971 continues subject to such changes therein as may be made by this Act or any other Act of Parliament.[3]}} Canadian jurisprudence{{cleanup|section|reason=Uses overly legalese language that fails to clearly explain the section's subject in encyclopedic lanuguage.|date=September 2016}}This has been held by the Supreme Court of Canada, most recently in Ordon Estate v. Grail, to cover a very broad field: {{quote|71...These cases establish a number of basic principles and themes regarding the sources and content of Canadian maritime law, the role of provincial law in relation thereto, and the scope for gradual change and development in maritime law. These general principles and themes, insofar as they are relevant to the instant appeals, may be summarized as follows:
|}} This has had the effect of displacing many provincial statutes that were previously being used in maritime liability cases, and the implications are still being worked out.[5][6] In the 2006 case of Isen v Simms, the Court endorsed a summary given by Décary JA on what does not fall within federal jurisdiction: {{quote|The accident occurred on land. The injury was caused on land by a person who was neither on the boat nor in the water. There is no contract for carriage of goods by sea. There are no goods at issue. Nothing has happened on water which could be said to be directly or even indirectly related to the accident. There is no issue as to the seaworthiness of the ship, the issue at best being one as to the roadworthiness of a boat being prepared on land for road transportation. There are no in rem proceedings. There are no concerns of good seamanship. There are no specialized admiralty laws, rules, principles or practices applicable. The accident has nothing to do with navigation nor with shipping. There is no practical necessity for a uniform federal law prescribing how to secure the engine cover from flapping in the wind when a pleasure craft is transported on land in a boat trailer. The sole factor possibly connected to maritime law is that the pleasure craft had just come out of the water and was still being secured on the trailer when the accident happened. This, clearly, is not enough to constitute an integral connection with navigation and shipping and an encroachment of civil rights and property.[7]}}The scope of maritime law has been refined by the SCC in subsequent jurisprudence:
References1. ^{{Cite web|author = John G. O'Connor |title = Why the Full Extent of the Admiralty Jurisdiction of the Federal Courts has yet to be explored | url= http://www.cmla.org/papers/AdmiraltyJurisdictionoftheFederalCourts.pdf | date = 2004-11-05 | accessdate = 2011-09-27}} 2. ^{{Cite web|author=John G. O'Connor |title=Admiralty Jurisdiction and Canadian Maritime Law in the Federal Courts: The next forty years |url=http://www.fca-caf.gc.ca/bulletins/whatsnew/03E.%20OConnor_Maritime%20Law%20Jurisdiction_2011-10-17_ENG.pdf |date=2011-10-28 |accessdate=2012-05-25 }}{{dead link|date=November 2016 |bot=InternetArchiveBot |fix-attempted=yes }} 3. ^Federal Courts Act R.S.C., 1985, c. F-7 4. ^{{cite CanLII|litigants=Ordon Estate v. Grail|link=|year=1998|court=scc|num=771|format=canlii|pinpoint=par. 71|parallelcite=[1998] 3 SCR. 437|date=1998-11-26|courtname=|juris=}} 5. ^{{Cite web|author = Christopher J. Giaschi |title = The Constitutional implications of Ordon v. Grail and the expanding definition of Canadian maritime law | url= http://www.admiraltylaw.com/papers/Dalspeech.pdf| date = 2000-10-03 | accessdate = 2012-01-10}} 6. ^{{Cite web|author = Christopher J. Giaschi |title = Confused seas: The application of provincial statutes to maritime matters | url= http://www.cmla.org/papers/003D%20Giaschi_Confused%20Seas_Paper_ENG.pdf| date = 2011-04-16 | accessdate = 2012-09-25}} 7. ^{{cite CanLII|litigants=Isen v Simms|link=|year=2006|court=scc|num=41|pinpoint=par. 28|parallelcite=[2006] 2 SCR 349|date=2006-10-05}}, endorsing {{cite CanLII|litigants=Simms v Isen|link=|year=2005|court=fca|num=161|pinpoint=par. 98|parallelcite=[2005] 4 FCR 563|date=2005-05-06}} 8. ^{{cite CanLII|litigants=Tessier Ltée v. Quebec (Commission de la santé et de la sécurité du travail)|link=|year=2012|court=scc|num=23|format=|pinpoint=par. 24{{endash}}25|parallelcite=[2012] 2 SCR 3|date=2012-05-17|courtname=|juris=}} 9. ^{{cite CanLII|litigants=Marine Services International Ltd. v. Ryan Estate|link=|year=2013|court=scc|num=44|format=|pinpoint=|parallelcite=|date=2013-08-02|courtname=|juris=}} Relevant statutes
Further reading
2 : Admiralty law|Canadian law |
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