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ARTICLE · 13 MARCH 2015

Newfoundland And Labrador Decision Challenges Provincial Jurisdiction Over Polar Bears

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On March 17, 2012 Darrell Kirby Turnbull, in defence of himself and his family, shot and killed a polar bear on the sea ice outside of Seal Cove, near Meadow Island, Labrador.

CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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In R v. Turnbull, [2015] NJ No. 54, the Newfoundland and Labrador Provincial Court found that polar bears, Ursus maritimus, are marine mammals, and therefore are not within the jurisdiction of the provinces.

On March 17, 2012 Darrell Kirby Turnbull, in defence of himself and his family, shot and killed a polar bear on the sea ice outside of Seal Cove, near Meadow Island, Labrador. As a result a Provincial Wildlife Officer charged him with "killing a polar bear without a license (count 1), killing it outside of the open season for killing polar bears (count 2), and taking a polar bear in a prohibited area (count 3)" under the Wild Life Act, RSNL 1990, chapter W-8, and the Open Season Big Game Polar Bear Hunting Order, Regulation 26/07.

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