Giroux v. Canada (Attorney General)

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

This case involved in group of Scallop Fishers in the Bay of Fundy area who challenged a decision of the Minister of Fisheries of issue licences to another group with licence conditions that allowed them to fish in area SFA 29 West. After setting out the discretionary authority of the Minister, the Motions Court denied the motion on the grounds that the impugned licences, independent of the attached conditions included area SFA 29 West. Upon appeal, this decision was upheld.