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 hear the matter as it involved an important issue and it was likely that the policy in issue would remain the same for the following year.
In denying the request for judicial review, the court refused to apply the pragmatic and functional test to determine a standard of review, on the grounds that this test did not apply to matters of natural justice (para 24-5).
Editor’s note: To the extent that the court equated bad faith or failure to take into account relevant considerations with a breach of natural justice, see the postscript to Comeau Seafoods Ltd. decision herein.