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49-479: 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

98-582: A bus or subway car . "Sardines" has also been used as the name of a children's game , where one person hides and each successive person who finds the hidden one packs into the same space until there is only one left out, who becomes the next one to hide. Tuna is canned in edible vegetable oils , in brine , in water, or in various sauces. In the United States, canned tuna is sometimes called tuna fish and only albacore can legally be sold in canned form as "white meat tuna"; in other countries, yellowfin

147-717: A tin can , creating the modern-day process of canning foods. Canning was used in the 1830s in Scotland to keep fish fresh until it could be marketed. By the 1840s, salmon was being canned in North America in Maine and New Brunswick. American commercial salmon canneries had their origins in California, and in the northwest of the US, particularly on the Columbia River. They were never significant on

196-502: A commodity suitable to be placed upon the market cannot upon any reasonable principle of construction be brought within the scope of the subject expressed by the words "Sea Coast and Inland Fisheries." As such activity could not be seen to fall under any other heading of s. 91 , and a licensing system could not reasonably be seen to be incidental to the federal power, it therefore fell within provincial jurisdiction. The Association of Fishermen of Japanese Origin were awarded their costs in

245-540: A comprehensive amending formula. Section 44 of that Act is the equivalent to the repealed version of s. 91(1), authorising limited amendments to the internal structure of the federal government. Section 91 was also amended in 1940 by the addition of section 91(2A), "Unemployment insurance". That provision was added by the British Parliament on the request of the Senate and House of Commons, after unanimous agreement from

294-630: 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

343-423: A public safety point of view, foods with low acidity ( pH greater than 4.6) need sterilization at high temperatures of 116–130 °C (241–266 °F). Achieving temperatures above the boiling point requires pressurized cooking . After sterilization, the containing can prevents microorganisms from entering and proliferating inside. Other than sterilization, no method is dependable as a preservative. For example,

392-400: A pull tab (similar to how a beverage can is opened), or a key , attached to the underside of the can. Thus, it has the virtues of being an easily portable, nonperishable, self-contained food. The close packing of sardines in the can has led to their metaphorical use of the name ("packed like sardines") in describing any situation where people or objects are crowded together, for instance, in

441-435: Is a method of preserving food , and provides a typical shelf life ranging from one to five years. They are usually opened via a can opener , but sometimes have a pull-tab so that they can be opened by hand. In the past it was common for many cans to have a key that would be turned to peel the lid of the tin off; most predominately sardines , among others . Fish have low acidity levels at which microbes can flourish. From

490-549: Is also acceptable. While in the early 1980s, canned tuna in Australia was most likely southern bluefin ; as of 2003 it was usually yellowfin, skipjack , or tongol (labelled "northern bluefin"). Tunas are often caught far from where they are processed for canning, so poor interim conservation can lead to spoilage. Tuna is typically gutted by hand and later precooked for prescribed times of 45 minutes to three hours. The fish are then cleaned and filleted , canned (and sealed), with

539-450: Is conferred upon the Minister, except to issue licenses, and, in my view, it is improbable that it was intended to confer a reviewable discretion, or that, unless by plain legislative direction, discretionary licensing authority would have been granted which could be exercised in a manner which might sanction discrimination. Duff J ( Mignault and Smith JJ, concurring) believed that "There

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588-566: Is generally known as the "division of powers" . The interplay between the two lists of powers have been the source of much constitutional litigation since the Confederation of Canada in 1867. The Constitution Act, 1867 is the constitutional statute which established Canada . Originally named the British North America Act, 1867 , the Act continues to be the foundational statute for

637-463: Is nothing in the terms in which these provisions are expressed, nor, as far as I have been able to discover, in the terms of the regulations, pointing to a conclusion that the authority of the Minister is not a permissive one." The federal government chose to ignore the ruling, pending appeal to the Privy Council. In the interim, prosecutions against Japanese-Canadian fishermen were being dismissed in

686-561: Is to say,— 1. Repealed. 1A. The Public Debt and Property. 2. The Regulation of Trade and Commerce. 2A. Unemployment insurance. 3. The raising of Money by any Mode or System of Taxation. 4. The borrowing of Money on the Public Credit. 5. Postal Service. 6. The Census and Statistics. 7. Militia, Military and Naval Service, and Defence. 8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of

735-591: The Aeronautics Reference in 1931. The question of ministerial discretionary authority, and the extent as to how far it can go, continued to be debated, eventually to be settled by the Supreme Court in Roncarelli v. Duplessis . Fish canning Canned or tinned fish are food fish which have been processed , sealed in an airtight container such as a sealed tin can , and subjected to heat. Canning

784-535: The Constitution Act, 1867 ( French : article 91 de la Loi constitutionnelle de 1867 ) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament . The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the Constitution Act, 1867 . The dynamic tension between these two sets of legislative authority

833-401: The head and gills removed before packing. They may also be eviscerated before packing (typically the larger varieties). If not, they should be purged of undigested or partially digested food or feces by holding the live fish in a tank long enough for them to empty their digestive systems. Sardines are typically tightly packed in a small can which is scored for easy opening, either with

882-656: The Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982 . Section 91 reads: Legislative Authority of Parliament of Canada 91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within

931-411: The Act which re-numbered "The Public Debt and Property" as section 91(1A), and enacted a new version of section 91(1). That new provision authorised the federal Parliament to enact certain limited types of constitutional amendments, relating to the internal structure of the federal government. That version of s. 91(1) was repealed in 1982 on the enactment of the Constitution Act, 1982 , which contains

980-691: The Classes. of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that

1029-518: The Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. The Constitution Act, 1867 is part of the Constitution of Canada and thus part of the supreme law of Canada . It was the product of extensive negotiations by the governments of the British North American provinces in the 1860s. The Act sets out

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1078-450: The Dominion and the Provinces are rendered on general principle co-ordinate governments. As a consequence where one has legislative power the other has not, speaking broadly, the capacity to pass laws which will interfere with its exercise. What cannot be done directly cannot be done indirectly It was unnecessary to answer Question 2. In a 4-3 decision concerning Question 3, it was held that

1127-832: The Government of Canada. 9. Beacons, Buoys, Lighthouses, and Sable Island. 10. Navigation and Shipping. 11. Quarantine and the Establishment and Maintenance of Marine Hospitals. 12. Sea Coast and Inland Fisheries. 13. Ferries between a Province and any British or Foreign Country or between Two Provinces. 14. Currency and Coinage. 15. Banking, Incorporation of Banks, and the Issue of Paper Money. 16. Savings Banks. 17. Weights and Measures. 18. Bills of Exchange and Promissory Notes. 19. Interest. 20. Legal Tender. 21. Bankruptcy and Insolvency. 22. Patents of Invention and Discovery. 23. Copyrights. 24. Indians, and Lands reserved for

1176-637: The Indians. 25. Naturalization and Aliens. 26. Marriage and Divorce. 27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters. 28. The Establishment, Maintenance, and Management of Penitentiaries. 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to

1225-515: The Legislatures of the Provinces. And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. Section 91 is found in Part VI of the Constitution Act, 1867 , dealing with

1274-628: The Minister must issue fishing licenses to all qualified persons that paid the appropriate fee, and there was no discretionary authority to withhold such licenses. Newcombe J ( Anglin CJ and Rinfret and Lamont JJ, concurring) stated that the Minister could not exercise his licensing discretion in a discriminatory manner: ... no legislative power is delegated to the Minister, even if the Governor in Council could delegate any of his statutory powers. No express power

1323-633: The U.S. Atlantic coast. By the 1940s, the principal canneries had shifted to Alaska. A salmon cannery is a factory that commercially cans salmon . It is a fish processing industry that pioneered the practice of canning fish in general. It became established on the Pacific coast of North America during the nineteenth century, and subsequently expanded to other parts of the world that had easy access to salmon. Prior to canning, fish were salted to preserve them. Through preservation, fish could be transported and sold large distances from where they were caught. At

1372-498: The amount of tuna in a can. In 2008, some tuna cans dropped from 6 ounces (170 g) to 5 ounces (140 g) due to "higher tuna costs". In the United States, 52% of canned tuna is used for sandwiches , 22% for salads , and 15% for casseroles and dried, packaged meal mixes . Other fish commonly canned include anchovy , cod , herring , and mackerel . Section 91 of the Constitution Act, 1867 Section 91 of

1421-481: The appeal. The gas boat restriction and the oriental exclusion policy were abandoned for the 1930 fishing season, and discrimination in the fishing industry came to an end. On a larger view, the Fish Canneries Reference is considered to be one of the main foundations of Canadian constitutional jurisprudence, and its four-part summary of how to determine jurisdiction was subsequently cited with approval in

1470-454: The cannery, the fish are washed, their heads are removed, and the fish are cooked, either by deep-frying or by steam-cooking, after which they are dried. They are then packed in either olive , sunflower or soybean oil, water, or in a tomato , chili , or mustard sauce. Canned sardines in supermarkets may actually be sprat (such as the “brisling sardine” ) or round herrings . Fish sizes vary by species. Good quality sardines should have

1519-614: The constitutional framework of Canada, including the structure of the federal government and the powers of the federal government and the provinces . Originally enacted in 1867 by the British Parliament under the name the British North America Act, 1867 , in 1982 the Act was brought under full Canadian control through the Patriation of the Constitution, and was re-named the Constitution Act, 1867 . Since Patriation

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1568-450: The dark lateral blood meat often separately canned for pet food ( cat or dog ). The sealed can itself is then heated (called "retort cooking") for 2–4 hours. The retort cooking process kills any bacteria but retains the histamine that can produce rancid flavors. The international standard sets the maximum histamine level at 200 milligrams per kilogram. An Australian study of 53 varieties of unflavored canned tuna found none to exceed

1617-458: The distribution of legislative powers between the federal and provincial governments. Section 91 has been amended three times since 1867. When the Act was enacted in 1867, "The Public Debt and Property" was listed as section 91(1), and stayed in that position until 1949. In that year the British Parliament, on the request of the Canadian Senate and House of Commons , passed an amendment to

1666-411: The federal Parliament. The interplay between the list of federal powers in section 91, and the corresponding list of provincial powers in section 92 , has been one of the most heavily litigated issues since Confederation in 1867. The relationship between the federal and provincial powers is generally referred to as the "division of powers", meaning federalism issues, not separation of powers . Both

1715-408: The federal powers and the provincial powers are stated to be exclusive, not concurrent. A subject matter which falls within federal jurisdiction therefore does not come within provincial jurisdiction, and vice versa . Canadian constitutional analysis uses the term ultra vires as shorthand for a matter that is outside the jurisdiction of a government, and intra vires for a matter that is within

1764-403: The fish have been caught, thus not being within the federal fisheries jurisdiction. As a fish cannery is similar in nature to a fruit or vegetable cannery, it is a civil right in the province in which it is carried on, and therefore subject to provincial jurisdiction. Nor could such provisions be saved by resorting to another head of power: Within the spheres allotted to them by the (B.N.A.) Act

1813-561: 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 : The Supreme Court unanimously held that the provisions cited in Question 1 were ultra vires the Parliament of Canada, as fish canning only occurs after

1862-548: The jurisdiction of a government. Related constitutional doctrines such as paramountcy and inter-jurisdictional immunity are also used to assess the constitutionality of a law under the division of powers. Although some of the Fathers of Confederation, such as John A. Macdonald , favoured a strong central government, other Fathers of Confederation, such as Oliver Mowat , were more inclined to broader provincial powers. Quebec has traditionally favoured stronger provincial powers. In

1911-556: The jurisprudence stood at that time: Questions of conflict between the jurisdiction of the Parliament of the Dominion and provincial jurisdiction have frequently come before the Lordships' Board and as a result of the decisions of the Board the following propositions may be stated:— Tomlin then turned to the question as to where jurisdiction over fish canneries fell. In that regard, ...trade processes by which fish when caught are converted into

1960-465: The late 19th century and early 20th century, the Judicial Committee of the Privy Council issued a series of decisions which expanded provincial powers at the expense of federal powers. Section 91 is not the only source of federal legislative authority, as there are other provisions of the Constitution Act, 1867 which confer legislative power on the federal Parliament: In addition, section 44 of

2009-434: The lower courts. The Association of Fishermen of Japanese Origin, having intervened in the hearing at the Supreme Court, were also respondents in the appeal. The Judicial Committee upheld the ruling of the Supreme Court in its entirety. Before proceeding with the appeal at hand, Lord Tomlin considered the matter of where federal and provincial jurisdiction arise under Canadian constitutional law, and gave his summary of where

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2058-401: The microorganism Clostridium botulinum (which causes botulism ) can only be eliminated at temperatures above the boiling point. Preservation techniques are needed to prevent spoilage and lengthen shelf life . They are designed to inhibit the activity of spoilage bacteria and the metabolic changes leading to a loss of quality. Spoilage bacteria are the specific bacteria that produce

2107-567: The period required increased and regular supplies of quality food. Appert submitted his invention and won the prize in January 1810. The reason for lack of spoilage was unknown at the time, since it would be another 50 years before Louis Pasteur demonstrated the role of microbes in food spoilage. However, glass containers presented problems for transportation. Shortly after, the British inventor and merchant Peter Durand patented his own method, this time in

2156-643: The provincial governments. The amendment responded to the 1937 decision of the Judicial Committee of the Privy Council , the highest court for the British Empire , which had struck down an attempt by the federal government to pass unemployment insurance in response to the Great Depression . The Judicial Committee ruled that unemployment insurance was a matter of exclusive provincial jurisdiction. The new section 91(2A) instead assigned that jurisdiction to

2205-492: The safe histamine level, although some had "off" flavors. The level of omega-3 oils found in canned tuna can be highly variable, since some common manufacturing methods destroy omega-3 oils. Australian standards once required cans of tuna to contain at least 51% tuna meat, but these regulations were dropped in 2003. The remaining weight is usually oil or water. In the United States, the Food and Drug Administration (FDA) regulates

2254-670: The start of the 19th century, salted salmon caught in Alaska was available in St. Petersburg. Shortly after, the Northwest Fur Company started marketing salted salmon from the Columbia River. It then merged with the Hudson's Bay Company , and the salmon was marketed in Australia, China, Hawaii, Japan and the eastern United States. Later, some salmon salteries were converted to salmon canneries. The first industrial scale salmon cannery in North America

2303-626: The unpleasant odours and flavours associated with spoiled fish. The "father of canning" is the Frenchman Nicolas Appert . In 1795, he began experimenting with ways to preserve fish in jars. He placed jars of fish in boiling water. During the first years of the Napoleonic Wars , the French government offered a 12,000 franc prize to anyone who could devise a cheap and effective method of preserving large amounts of food. The larger armies of

2352-608: Was established in 1864 on a barge in the Sacramento River near West Sacramento by the four Hume brothers together with their partner Andrew S. Hapgood. In 1866 the Hume brothers relocated the business to a site 50 miles inland on the Columbia River . The history of North American salmon canneries is exemplified by their history on the Columbia River. Within a few years each of the Hume brothers had his own cannery. By 1872, Robert Hume

2401-473: Was operating a number of canneries, bringing in Chinese workers willing to work for low wages to do the cannery work, and having local Native Americans do the fishing. By 1883, salmon canneries had become the major industry on the Columbia River, with 1,700 gillnet boats supplying 39 canneries with 15,000 tonnes of salmon annually, mainly Chinook . Sardines (or pilchards) are canned in many different ways. At

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