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Regina v. Mallios
Published online by Cambridge University Press: 01 January 2021
Abstract
Environment — Marine pollution — Ballasting — Charge against captain of foreign ship for failing to keep records — Whether ship in Canadian waters — Whether operation requiring entry in records occurred in Canadian waters — Whether Montreal harbour in Canadian waters — Jurisdiction of coastal State — Canada Shipping Act 1970, Section 755 — Oil Pollution Prevention Regulations 1971, Section 31(1)
Jurisdiction — Extraterritorial — Marine pollution — Charge against captain of foreign ship for failing to keep records — Whether Crown must prove that operation requiring entry in records occurred in Canadian waters — Whether application of Canadian regulations to operations occurring on the high seas gives extraterritorial effect to legislation — Canada Shipping Act 1970, Section 755 — Oil Pollution Prevention Regulations 1971, Section 31(1) — The law of Canada
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- © Cambridge University Press 1994