This case involved a Nova Scotia corporation involved in the business of fishing for silver hake and selling it to an offshore market. The company alleged that it was injured as a result of : (1) a delay in approving its fishing licence and quota in 1995; (2) it received a shortfall in its quota allocation in 1995; and (3) …
Full SummaryNorth of Smokey Fisherman's Association v. Canada (Attorney General), 2003 FCT 33
This case involved a judicial review proceeding against the Minister of Fisheries challenging his decision to open a winter cod fishery in the Sydney Bight area east of Cape Breton. While the hearing of the proceeding was pending, the applicant, an association of fishermen, brought on a motion for an interlocutory injunction enjoining the Minister from opening the fishery. The …
Full SummaryEcology Action Centre Society v. Canada (Attorney General), 2002 FCT 1309
This case involved an application to quash a variation order that opened the Georges Bank for fishing by any means, including dragging. The Applicant argued that the variation order was beyond the jurisdiction of the decision maker because the use of draggers would cause damage to fish habitat. At the initial application before a Prothonotary, the applicant tendered seven affidavits …
Full SummaryPereira E. Hijos, S.A. v. Canada (Attorney General), 2002 FCA 470
This case involved a damage action against the Federal Government alleging trespass, assault and negligent navigation arising out of the seizure of the Spanish fishing vessel “Estai” on the high seas in 1995. The decision involved a pre-trial application for an order that a Crown official answer a number questions with respect allegations that the Canadian Government was involved in …
Full SummaryMercer v. Canada (Minister of National Revenue), 2003 TCC 652
This case dealt the issue of whether or not the common law spouse of an East Coast fish boat owner who worked as a deckhand on his fishing vessel could be considered an employee for the purpose of a section of the Employment Insurance Act that excluded coverage for employees who do not work at arms length from their employers. …
Full SummaryKeating v. Minister of Fisheries, 2002 FCT 1174
This case involved judicial review of a decision of the Minister of Fisheries to deny a fisherman’s request for the reinstatement of his supplementary crab licence. After an appeal to the Atlantic Fisheries Licence Appeal Board, the Board recommended to the Minister that the licence be re-instated based upon extenuation circumstances such as the fisherman’s illiteracy. However, after receiving a …
Full SummaryKeeping v. Canada (Attorney General), 2003 NLCA 21
This case involved a crab fisherman who relied upon a fisheries officer to measure the tonnage of his boat in order to qualify for a fishing licence. In holding the fisheries officer liable in negligence, the trial court found that measuring the depth of a vessel and telling the owner where to place the measuring tape was “not a policy …
Full SummaryChief Percy Williams et al. v. Minister of Fisheries and Oceans and Heritage Salmon Ltd., 2003 FCA 484
This case involved an application by the Chief Percy Williams on behalf of the members of the Twicksutaineuk/Ah-kwa-mish Tribes for judicial review of a decision of the Minister of Fisheries to issue a Marine Mammal Predator licence to a fish farm for the purpose of killing of problem seals and seal lions. As a preliminary matter, the court had to …
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