In this case, the defendant is a fisherman and a seal hunter from Newfoundland who has been charged for selling pelt from “blueback” seals he killed during a hunt in violation of section 27 of the Marine Mammal Regulations which prohibits the sale, trade or barters of blueback seals.

The defendant appealed the decision charging him under the section 27 of the Marine Mammal Regulations and argued that this section of the Marine Mammal Regulations was ultra vires Parliament powers and was, as a result not constitutional. The judge of first instance did not follow the argumentation of the defendant and considered section 27 to be constitutional.

The defendant appealed the decision in front of the Supreme Court. The supreme court upheld the decision of the court of first instance and recognized the law to be within the power of the parliament and therefore constitutional