This case involved an application to quash a variation order that opened the Georges Bank for fishing by any means, including dragging. The Applicant argued that the variation order was beyond the jurisdiction of the decision maker because the use of draggers would cause damage to fish habitat. At the initial application before a Prothonotary, the applicant tendered seven affidavits …
Full SummaryPereira E. Hijos, S.A. v. Canada (Attorney General), 2002 FCA 470
This case involved a damage action against the Federal Government alleging trespass, assault and negligent navigation arising out of the seizure of the Spanish fishing vessel “Estai” on the high seas in 1995. The decision involved a pre-trial application for an order that a Crown official answer a number questions with respect allegations that the Canadian Government was involved in …
Full SummaryMercer v. Canada (Minister of National Revenue), 2003 TCC 652
This case dealt the issue of whether or not the common law spouse of an East Coast fish boat owner who worked as a deckhand on his fishing vessel could be considered an employee for the purpose of a section of the Employment Insurance Act that excluded coverage for employees who do not work at arms length from their employers. …
Full SummaryKeating v. Minister of Fisheries, 2002 FCT 1174
This case involved judicial review of a decision of the Minister of Fisheries to deny a fisherman’s request for the reinstatement of his supplementary crab licence. After an appeal to the Atlantic Fisheries Licence Appeal Board, the Board recommended to the Minister that the licence be re-instated based upon extenuation circumstances such as the fisherman’s illiteracy. However, after receiving a …
Full SummaryKeeping v. Canada (Attorney General), 2003 NLCA 21
This case involved a crab fisherman who relied upon a fisheries officer to measure the tonnage of his boat in order to qualify for a fishing licence. In holding the fisheries officer liable in negligence, the trial court found that measuring the depth of a vessel and telling the owner where to place the measuring tape was “not a policy …
Full SummaryChief Percy Williams et al. v. Minister of Fisheries and Oceans and Heritage Salmon Ltd., 2003 FCA 484
This case involved an application by the Chief Percy Williams on behalf of the members of the Twicksutaineuk/Ah-kwa-mish Tribes for judicial review of a decision of the Minister of Fisheries to issue a Marine Mammal Predator licence to a fish farm for the purpose of killing of problem seals and seal lions. As a preliminary matter, the court had to …
Full SummarySaulteau First Nation v. British Columbia (Oil and Gas Commission), 2004 BCSC 92
Oak Island Group Limited v. A.G. (Canada), 2004 NSSC 179
Armstrong v. Gill, 2004 BCSC 1480
This case involved a prosecution under the Fisheries Act. In the course of a pre-trial application by the defence for disclosure of Crown documents, the matter was adjourned so that the parties could exchange and file written submissions. Although written submissions from both parties were filed, for some unexplained reason only the Crown’s submissions were provided to the judge hearing …
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