Larocque v. Canada, 2006 FCA 237

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved the failure of the Department of Fisheries and Oceans ("DFO") in 2003 to negotiate a co-management arrangement with the snow crab fleet, which would have provided funding for scientific research related the snow crab fishery. As a result of that failure, DFO decided to undertake research itself by hiring a private contractor and paying him by issuing …

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Barnard v. Geof Regan, Minister of Fisheries and Oceans, and Azulemar Fishing Ltd., 2006 F.C. 203

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

This case involved the ranking of Canadian fishing vessels on a list that allowed these vessels to participate in the U.S. tuna fishery. Under this list, it was anticipated that only the first 94 fishing vessels would be able to participate in this fishery in 2007 and thereafter. After being placed at 97th position on the list, the applicant appealed …

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Campbell v. Canada (Attorney General), 2006 FC 510

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved an application for judicial review of a decision of the Minister of Fisheries denying a request by nine applicants for access to the Nova Scotia snow crab fishery. With respect to the issue of mootness, since the fishing season had already passed there was no live controversy between the parties. Notwithstanding this fact, the court agreed to …

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Genge v. Canada (Attorney General), 2007 NLTD 36

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved a negligent misrepresentation action against the Crown arising from a fisheries officer who mistakenly advised a seal fisher that a seal hunt had closed. The Crown brought an interlocutory application for an order striking out the claim on the grounds that the court lacked jurisdiction and for an order that the claim could only take place after …

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Canada (Attorney General) v. Prince Edward Island, 2006 PESCAD 27

In Fish Cases, Judicial Review/Crown Liability, Miscellaneous on (Updated )

This case involves a statement of claim issued in the Prince Edward Island Supreme Court by the Government of Prince Edward Island against the Government of Canada claiming a series of declarations with respect both to the constitutionality of s. 7 of the Fisheries Act and a the validity of a series of historical management decisions of the Minister of …

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Canada (Attorney General) v. Hijos, 2007 FCA 20

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

This case involved a civil action by the owner of the Spanish Trawler "Estai" against the Government of Canada arising out of its highly publicized seizure on the high seas in March of 1995. In response to various arguments advanced by the vessel owner, the trial court (2005 FC 1011 (link)) concluded as follows: (1) Pursuant to the terms of …

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Donovan v. Canada (Attorney General), 2008 NLCA 8

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved three crab fishers who commenced three separate tort actions against the Crown for failure to renew crab licences. The application’s judge struck all three actions on the grounds that the causes of action involved challenges to ministerial decisions which were matters within the exclusive jurisdiction of the Federal Court. Upon appeal, one appellant was successful and two …

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Ahousaht First Nation v. Canada, 2007 FC 567

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved an application by group of First Nations for judicial review of a decision of the Minister of Fisheries to implement a three year pilot plan for individual transferable fishing quotas in the for rockfish, lingcod and dogfish. It was alleged by the First Nations that the Minister had failed to satisfy its duty to consult before implementing …

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Chiasson v. Canada, 2008 FC 616

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved an agreement reached between the Minister of Fisheries and the Association des Pescheurs de Poissions de Fond Acadiens Inc. ("APPFA") whereby the Minister would issue a snow crab fishing licence to the APPFA with an allocation of 1000 metric tons in exchange for an agreement from the APPFA to pay the Minister $1,500,000 to be spent on …

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