ADMINISTRATION.
24.1
(0) The Sea-coast. s. 91 (12).
(¢) Inland Fisheries.
The meaning of “inland fisheries” was discussed in The
Queen v. Robertson’. “I am of opinion,” said Ritchie, C. J.
“that the legislation in regard to inland and sea fisheries
contemplated by the B. N. A. Act was not in reference to
‘property and civil rights’ that is to say, not as to the
ownership of the beds of the rivers or of the fisheries
or the rights of individuals therein, but to subjects affecting
the fisheries generally, tending to their regulation, protection,
and preservation, matters of a national and general
concern and important to the public, such as the forbidding
fish to be taken at improper seasons in an improper manner,
or with destructive instruments, laws with reference to the
improvement and increase of the fisheries: in other words,
all such general laws as enure as well to the benefit of
the owners of the fisheries as to the public at large who are
interested in the fisheries as a source of national and provincial
wealth: in other words, laws in relation to the fisheries
such as those which the local Legislatures were, previously to
and at the time of Confederation, in the habit of enacting
for their regulation, preservation and protection, with which
the property in the fish or the right to take the fish out
of the water to be appropriated to the party so taking the
fish has nothing whatever to do, the property in the fishing
or the right to take the fish being as much the property
of the province or the individual as the dry land or the land
covered with water.” The grant by the Dominion Minister
of Marine and Fisheries of a right to fish in a provincial
river was therefore held invalid.
4. Matters of State Management. The Dominion has
exclusive jurisdiction in regard to :—
(a) The Census. s. 91 (6).
Sea-coast.
Fisheries.
Census.
1 6 Can. 8S. C. R. 52; 2 Cart. 65.
A