Kinghorne v. Canada (Attorney General), 2019 FC 1183(link) This case involved a challenge by a NB fisherman who sought access to a small craft harbour to berth his fishing vessel at the start of the lobster fishing season. The harbour was situated close to nearby fishing grounds and there was significant local interest in setting out from this location. Concerned about overcrowding, the Grand Manan Harbour Authority restricted access to a limited number of vessels (to load traps and set out on the first day of the season). Mr. Kinghorne brought an application for judicial review challenging the HA’s decision. Justice Fothergill confirmed that the harbour authority was free to adopt public safety policies at its discretion (para 50). Had the HA’s decision been about Mr. Kinghorne’s personal circumstances instead of a general safety policy, it is possible a duty of procedural fairness would have been owed.
On April 10, 2020 DFO posted this message to its facebook page “Your local harbour authority has full authority to determine who can access small craft harbour facilities.”[Summary provided by Sarah Shiels of Yarmouth, NS]https://canlii.ca/t/j2ftb