Provincial Jurisdiction and Fish Habitat

Jurisdiction over fish habitat is exclusively a federal matter under the Canadian Constitution. The Province of Alberta has jurisdiction to manage water within provincial boundaries subject to exclusive federal jurisdiction and validly enacted and paramount federal legislation. This thesis examines the constitutional effect of the federal mandate to manage fisheries on the provincial mandate to manage water. It looks at where there are inconsistencies and the effect of those inconsistencies. This thesis shows that the federal government has jurisdiction to ensure water is managed provincially such that there is sufficient water in the stream for fish habitat pursuant to "Seacoast and Inland Fisheries," found in subsection 91(12) of the Constitution Act, 1867 and the Fisheries Act, and it is unconstitutional for the Province to manage its water in a manner inconsistent therewith.