Ahousaht First Nation v. Canada (Fisheries, Oceans and Coastguard), 2019 FC 1116

In Aboriginal Rights/Defences, Judicial Review/Crown Liability on

This case involved an application for an interlocutory injunction by five of the 14 Nuu-chah-nulth group located on the West Coast of Vancouver Island.  The injunction was for the increase of their allocation of AABM chinook salmon of at least 5,000 additional pieces. In a lengthy decision (65 pages), the court rejected that application on the grounds that: (a) The injunction sought went beyond and differed from what was sought in the underlying judicial review application; and (b) the main relief sought was in the nature of a mandamus application and the applicant did not provide sufficient evidence to pass the stringent test for such a remedy, especially with respect to irreparable harm.  In addition, a court cannot dictate the result of the exercise of a ministerial discretion (para. 74).https://canlii.ca/t/j7c36