Kelley v. Canada

In Fish Cases, Offences, Sanctions on (Updated )

Mr. Justice MacKay followed his early decision in R. v. Mathews (digested herein) to hold that the Minister of Fisheries cannot use section 7 of the Fisheries Act to impose licence sanctions. In doing so, he distinguished Comeau Seafoods Ltd. v. Canada (digested herein). He then went on to hold that even if he is wrong, the imposition of a licence sanction which would cost the fisherman approximately $45,000 dollars, when a Provincial Court judge thought a $1,000 fine would be adequate, was "so unreasonable that it was beyond the discretion granted to the Minister".

Counsel for the Accused: John L. MacDougall, Q.C.

Counsel for the Crown: John L. Ashley