Robinson v. Canada (Attorney General), 2019 FC 876

In Judicial Review/Crown Liability on

This case involves a NS lobster fisherman who is unable to fish due to illness and has exceeded the limited 5-year exception enabling him to appoint a “medical substitute operator”. PIIFCAF generally requires a lobster licence to be personally fished by its owner, i.e., “owner-operator”. Mr. Robinson asserts that the Minister’s decision not to approve a further extension was unreasonable on the basis of his right to be free from discrimination pursuant to subsection 15(1) of the Charter. This specific decision relates to Mr. Robinson’s request for the continued use of an MSO pending a final determination of his Charter challenge. His request for an extension was granted until Dec 31, 2019. See also Martell v. Canada (Attorney General), 2019 FC 737 (CanLII), <http://canlii.ca/t/j0zqr> [Summary provided by Sarah Shiels of Yarmouth, NS]