Armstrong v. Gill, 2004 BCSC 1480

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

This case involved a prosecution under the Fisheries Act. In the course of a pre-trial application by the defence for disclosure of Crown documents, the matter was adjourned so that the parties could exchange and file written submissions. Although written submissions from both parties were filed, for some unexplained reason only the Crown’s submissions were provided to the judge hearing …

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Blaney v. British Columbia (Minister of Agriculture Food & Fisheries), 2005 BCSC 283

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

This was a judicial review application challenging a decision of the Minister of Agriculture Food and Fisheries to approve an amendment of a aquaculture licence allow a change from Chinook salmon to Atlantic salmon. After hearing evidence the court granted a declaration that the Minister had a continuing duty to consult and adjourned the application for judicial review generally.

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Decker v. Canada (Attorney General), 2004 FC 1464

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

This case involved a ground fish harvester whose application for a temporary shrimp permit was denied on the ground that his vessel was not fully geared up and ready to fish at the required time. Upon appealing the denial to the Atlantic Fisheries Licence Appeal Board, his appeal was turned down by the Minister. Upon bringing a application for judicial …

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Prince Edward Island v. Summerside Seafood, 2006 PESCAD 11

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

This case involved a fish processing plant that was refused a fish processing licence from the Provincial Minister of Fisheries because of its alleged indebtedness to the Provincial Government arising from a loan guarantee. The fish processor commenced a judicial review proceeding against the Government and its officials and then obtained an interim declaration that the fish processor had a …

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St. Anthony Seafoods Limited Partnership v. Nfld. & Labrador (Minister of Fisheries and Aquaculture), 2004 NLCA 59

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

This case involved a fish processing plant in Saint Anthony, Nfld. In 1998 the Minister of Fisheries and Aquaculture wrote to the processor and promised a multi-specie processing licence, including a licence to process snow crab. Although a licence to process shrimp was quickly granted, the Ministry never followed through on its promise to issue a snow crab licence. Upon …

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Dobbin v. Department of Fisheries and Oceans, Canada, 2005 FC 1020

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

This case involved a decision by the Department of Fisheries and Oceans to open a new area for the fishing of snow crab to be managed by the Quebec Region with licences issued only to residents of Quebec. Upon challenging the decision under the s. 41(1)(c) of the Canadian Human Rights Act, R.S.C. 1985, c. H-6 the Human Rights Commission …

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