Tucker v. Canada (Minister of Fisheries and Oceans)

This case involved an action by a fisherman against the Minister of Fisheries for damages arising from a decision by the Minister requiring the fisherman to elect either to utilize an inshore fishing licence for groundfish or an offshore fishing licence for turbot. In reviewing the Minister’s discretionary power to issue licences under section 7 of the Fisheries Act, the trial court upheld the Minister’s decision. Upon appeal, the decision of the Minister was also upheld. In doing so, the Court said as follows: “the Court should only concern itself with ensuring that the decision is made in good faith, falls within the broad purposes of the Act and is not patently unreasonable, which we take to mean clearly irrational”(para. 2).