Canadian maritime law is based on the field of "Navigation and Shipping" vested in the Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867.
These general principles and themes, insofar as they are relevant to the instant appeals, may be summarized as follows: This has had the effect of displacing many provincial statutes that were previously being used in maritime liability cases, and the implications are still being worked out.
[7][8] In the 2006 case of Isen v Simms, the Court endorsed a summary given by Décary JA on what does not fall within federal jurisdiction: The accident occurred on land.
There is no practical necessity for a uniform federal law prescribing how to secure the engine cover from flapping in the wind when a pleasure craft is transported on land in a boat trailer.
The sole factor possibly connected to maritime law is that the pleasure craft had just come out of the water and was still being secured on the trailer when the accident happened.