Case Update: Newfoundland And Labrador Decision Challenges Provincial Jurisdiction Over Polar Bears

In R v. Turnbull, [2015] NJ No. 54, the Honourable Justice Joy of the Newfoundland and Labrador Provincial Court dismissed all charges against Mr. Turnbull that stemmed from him hunting a polar bear without a license and outside the hunting season and grounds. Based on the evidence at trial, and his own research, the Court held that the provincial government lacked jurisdiction over polar bears, which are marine mammals and therefore fall under the exclusive jurisdiction of the federal government.

Justice Joy also held that the provincial statute did not apply because the hunt occurred beyond the low water mark and therefore outside the province of Newfoundland and Labrador. Further, he held that Mr. Turnbull had exercised reasonable or due diligence in complying with the law when he decided to kill the polar bear because he was protecting himself and his family.