Challenge to Shrimp Allocation Decision based on failure to give sufficient weight to Land Claims Agreement

These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.

Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.

Challenge to Shrimp Allocation Decision based on failure to give sufficient weight to Land Claims Agreement - Judicial Review/Crown Liability - Aboriginal Rights and Defences - Standing of Attorney General of Nunavut

Blaney v. British Columbia (Minister of Agriculture Food & Fisheries), 2005 BCSC 283

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This was a judicial review application challenging a decision of the Minister of Agriculture Food and Fisheries to approve an amendment of a aquaculture licence allow a change from Chinook salmon to Atlantic salmon. After hearing evidence the court granted a declaration that the Minister had a continuing duty to consult and adjourned the application for judicial review generally.

Full Summary

Nunavut Territory (Attorney General) v. Canada, 2005 FC 342

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved the challenge of a decision of the Minister of Fisheries involving the allocation of the benefit of a 29 per cent increase in the total allowable catch of shrimp. This 29 per cent increase amounted to 2,127 additional tons of catch. of that 2,127 tons, all but 940 tons were allocated to Nunavut or Nunavut related interests. …

Full Summary