Publications

The Scope of Federal Power and the Determination of What Matters Fall Under “Navigation and Shipping”

Author: Paul D. Mooney

Excerpt:

The Constitution Act, 1867 sets out the division of legislative powers between the Federal Parliament and the provincial legislatures. Under section 91(10), the Parliament of Canada has exclusive legislative authority within a variety of classes of subjects including, “navigation and shipping”. Conversely, the legislature in each province pursuant to section 92(10) may exclusively make laws in relation to matters coming within a variety of classes of subject including, local works and undertakings as well as property and civil rights.

About Paul D. Mooney

Paul practices maritime law (both local and deep sea), handling cases involving the enforcement of maritime liens, debt collection, vessel arrest and security, carriage of cargo, collision, salvage, bodily injury, and constitutional issues arising in a marine context. Paul also handles a variety of cases involving insurance, health and safety issues, administrative law and general bodily injury claims. Paul has… view full profile »