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Fish Canneries Reference
''Canada (AG) v British Columbia (AG)'', also known as the ''Reference as to constitutional validity of certain sections of The Fisheries Act, 1914'' and the ''Fish Canneries Reference'', is a significant decision of the Judicial Committee of the Privy Council in determining the boundaries of federal and provincial jurisdiction in Canada. It is also significant, in that it represented a major victory in the fight against discrimination aimed at Japanese Canadians, which was especially prevalent in British Columbia in the early part of the 20th century.
==Background==
Until the early 1920s federal policy governing access to fishing licenses was basically open and
non-discriminatory. In 1922, under what became known as the "oriental exclusion policy", this was revised to provide for the reduction of the number of licenses granted to Japanese-Canadian fishermen, aiming to eventual total elimination of such licenses. In addition, conditions were attached for the prohibition of gas motors on such fishermen's vessels.
The controversy came to a head in 1927 as a prosecution against the Somerville Cannery Company for operating a cannery in Prince Rupert without a federal license. The cannery was operating as a floating clam cannery, the only one of its kind. All other canneries were on land. Francis Millerd, general manager and part-owner of Somerville, challenged the oriental exclusion policy through hiring Japanese-Canadian fishermen and lobbying to secure salmon fishing licenses for them. Charges against Somerville were dismissed, on the grounds that fish canneries did not require a federal license. Further pressure by Somerville and the Association of Fishermen of Japanese Origin resulted in the following reference questions being posed to the Supreme Court of Canada:
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