Nunavut Territory (Attorney General) v. Canada, 2005 FC 342

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

This case involved the challenge of a decision of the Minister of Fisheries involving the allocation of the benefit of a 29 per cent increase in the total allowable catch of shrimp. This 29 per cent increase amounted to 2,127 additional tons of catch. of that 2,127 tons, all but 940 tons were allocated to Nunavut or Nunavut related interests. …

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Canus v. Canada Customs, 2005 NSSC 283

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

This case involved an audit by Canada Customs and Revenue Agency of a Canadian Fish Processor that sold fish to its U.S. parent company. As a result of this audit, the company was re-assessed tax in the amount of $1,031345 for improper transfer pricing. As a result of this re-assessment the Fish Processor was limited in the amount of credit …

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Fennelly v. Canada (Attorney General), 2005 FC 1291

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

This case involved judicial review of a decision of the Minister of Fisheries to not re-issue an exploratory snow crab licence. During a previous judicial review application (digested herein), the court had made an order that the the Minister of Fisheries re-consider his decision based upon facts he had neglected to consider at the original appeal. After reconsidering the matter …

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Benoit v. Canada, 2006 FC 1076

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

This case involved a fish harvester who was denied CORE status in 1996 and failed to overturn the initial denial after a series of eight appeals. With respect to the the non-binding recommendations of two advisory boards, the Court followed Jada Fishing Co. v. Canada 2002 FCA 103 (digested herein) to hold that these recommendations were not subject to judicial …

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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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