Ontario Superior Court of Justice Rules Toronto Shark Fin Ban Invalid

On November 30, 2012, the Ontario Superior Court of Justice struck down the City of Toronto’s bylaw banning the possession, sale, and consumption of shark fin products. The challenge was founded on two main arguments: that the bylaw’s primary purpose was the protection of sharks, which was argued not to be a valid municipal purpose, and that the municipality could not have jurisdiction over the harvesting of fish caught outside the boundaries of the Province of Ontario, as Ontario itself does not have that power and could not delegate it. Spence J. found for the applicants, holding that the bylaw was highly intrusive and lacked a proper municipal purpose.

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