Decker v. Canada (Attorney General)

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 review, the Federal Court quashed the decision of the Minister and remitted the matter back to him for re-consideration for the following reasons:

(1) Since the report of the Appeal Board was one of the bases upon which the Minister arrived at his decision, the court could review the decision of the Appeal Board (Fennelly v. Canada 2003 FC.1097 (digested herein);
(2) The Appeal Board made its recommendation based upon a misapprehension of the facts because it did not make a finding on two important issues: (a) whether or not an exemption to the gear on-board requirement was given to the applicant; and (b) whether or not extenuating circumstances existed due to demonstrated financial commitment by the applicant.

The Minister was not precluded from remitting the matter back to a differently constituted board.