These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.

Readers are urged to consult CanLii for updates to the cases digested on this site.

Elson v. Canada (Attorney General), 2017 FC 459

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved judicial review of a decision by the Minister of Fisheries (based upon a recommendation of the Atlantic Fisheries Appeal Board) to deny the Applicant’s appeal in which he sought an exemption from the Preserving the Independence of the Inshore Fleet in Canada’s Atlantic Fisheries policy (“PIIFCAF Policy” or Policy). BACKGROUND In 2007 the Minister of Fisheries introduced …

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Calwell Fishing Ltd. v. Canada, 2016 FC 1140

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

This case was brought by a group of fish packer owners whose businesses declined to the point where they were no longer economically viable. They sought a declaration based upon the common law doctrine of "taking". They argued that the state cannot take property without compensation except where such taking is supported by clear unambiguous statutory language. They submitted that …

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Calwell Fishing Ltd. v. Canada, 2016 FC 312

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case was brought by a group of fish packer owners whose businesses declined to the point where they were no longer economically viable. They sought a declaration based upon the common law doctrine of "taking". They argued that the state cannot take property without compensation except where such taking is supported by clear unambiguous statutory language. They submitted that …

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Malcolm v. Canada (Minister of Fisheries), 2014 FCA 130

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved a representative proceeding brought by the applicant on behalf of all commercial halibut licence holders in British Columbia. The applicant sought judicial review of a decision of the Minister of Fisheries changing the allocation of the total allowable catch (“TAC”) of halibut between the commercial sector and the recreational sector from 88% (commercial)/12% (recreational) to 85%/15%. In …

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R v. Armstrong, 2012 BCCA 242

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability, Miscellaneous, Offences on (Updated )

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Kimoto v. Canada (Attorney General), 2011 FCA 91

In Fish Cases, Judicial Review/Crown Liability on (Updated )

This case involved amendments to Chapter 3 of the Pacific Salmon Treaty that required Canada to reduce its catch of chinook salmon from the west coast of Vancouver Island and required the U.S. to provide 30 million dollars to Canada for a fisheries mitigation program to reduce effort in Canada’s commercial troll fishery. After some consultation, the Minister of Fisheries …

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