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| Ward v Canada (AG) ： ウィキペディア英語版 |
Ward v Canada (AG)
''Ward v Canada (AG)'' is a leading Supreme Court of Canada decision on federalism. The Court re-articulated the "pith and substance'' analysis and upheld the regulations prohibiting sale of "blueback" seals for the valid purpose of "curtailing commercial hunting of young seals to preserve the fisheries as an economic resource".
==Background==
Ford Ward was a licensed fisherman from Newfoundland. He also held a commercial seal hunting license. During a hunt in 1996 he caught approximately 50 seals some of which were hooded "blueback" seals. He was charged with selling blueback seal pelts contrary to s. 27 of the ''Marine Mammal Regulations''.
Ward applied to the Newfoundland superior court to have the regulation declared ''ultra vires'' of the federal government.
The issue before the Supreme Court was "whether the federal regulation prohibiting the sale, trade or barter of blueback seals is a valid exercise of the federal fisheries power or the federal criminal law power".〔para. 15〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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