Canadian jurisdiction in the area of "Navigation and Shipping" is vested in the
Parliament of Canada by virtue of s. 91(10) of the
Constitution Act, 1867.
Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as:
This list is not exhaustive of the subject matter.
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Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the
Statute of Westminster 1931, and in 1971 with the extension to "dry" matters.
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Recent jurisprudence at the
Supreme Court of Canada has tended to expand the maritime law power, thus overriding prior provincial laws based on the provinces' power over
property and civil rights.
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