José Pereira E Hijos SA and Davila Gonzalez v. Attorney-General of Canada

Abstract

Sea — Fisheries — North Atlantic Fishery Organization Conservation Area (“NAFO zone”) — Canada claiming that Spanish vessels exceeding fishing quotas for turbot in NAFO zone — Coastal Fisheries Protection Regulations as amended on 3 March 1995 — Officers of Canadian Government arresting and detaining Spanish fishing vessel Estai and its master — Plaintiffs bringing action for damages — Defendant objecting to plaintiffs' allegations as relating to, inter alia, international law

Relationship of international law and municipal law — Whether international law having precedence over Canadian law — Relevance of international treaties or conventions — Plaintiffs challenging validity of Coastal Fisheries Protection Regulations as amended on 3 March 1995 — Whether necessary to plead specific treaties — Whether references to piracy in pleadings to be struck out — The law of Canada