Fennelly v. Canada (Minister of Fisheries and Oceans), 2003 FC 1097
This case involved judicial review of a decision of the Minister of Fisheries to not re-issue an exploratory snow crab licence. The applicant was a fisherman who owned two boats, a 75 foot stern trawler (the “Bear Cove Point”) and a 95 foot multipurpose trawler (the “Sandy Joanne”). In 1995 he was issued an exploratory crab fishing licence for use …
Full SummaryComeau's Sea Foods Ltd. v. Canada (Minister of Fisheries and Oceans), [1997] 1 SCR 12
In 1987 the Minister of Fisheries sent the Plaintiff, fishing company, a telex advising that he had authorized the issuance of 4 offshore lobster licences. The Plaintiff then provided the Minister with details of its fishing plans, including the fact that it would be converting its scallop vessels into lobster fishing vessels. After the initial notification, the issuance of the …
Full SummaryPuddister Trading Corporation Ltd. v. Canada, 1997 CanLII 5145
This case involved an application by a licence holder for compensation arising out of the closure of the offshore seal fishery of Newfoundland. While the plaintiff was not successful in its primary objective, of obtaining compensation for the closure of the fishery, it obtained limited success in obtaining damages against the Department of Fisheries and Oceans (D.F.O.) for the failure …
Full SummaryMount Sinai Hospital Center v. Quebec, 2001 SCC 41
Although this is not a fisheries case, it is very similar to the Comeau’s Seafood decision of the S.C.C. (digested herein) in the sense that it dealt with an initial promise by a Minister to issue a licence (for a short term care hospital facility), subsequent reliance on that promise, and then a refusal to issue the licence. At the …
Full SummaryRadil Bros. Fishing Co. Ltd. v. Her Majesty the Queen et al., 2001 FCA 317
This case involved an appeal from an order of the trial division of the Federal Court (2000 F.C.J. 1885) allowing an appeal from an order of a Prothonotary (reported at (1999) 175 F.T.R. 182). The alleged facts, as taken from several of the judgements, are quite complicated as the case arose out of what is commonly called a “licence swap” …
Full SummaryCassie v. Canada (Minister of Fisheries and Oceans), 2001 FCT 379
This case involved an application by a group of snow crab fishermen for an injunction ordering the Minister of Fisheries to issue snow crab licences to them. Whether or not the court could issue an order of mandamus compelling the Minister to issue the requested licences. In denying the application, the court relied upon Hahlon v. Canada (Minister of Employment …
Full SummaryYale First Nation v. HMTQ In Right of Canada et al, 2001 BCSC 746
Yale First Nation v. HMTQ In Right of Canada et al 2001 BCSC 746 This case involved an alleged agreement between the Yale First Nation and the Minister of Fisheries to allow a pilot sale fishery in the year 2000 pursuant to the Aboriginal Communal Fishing Licence Regulations. In an application for summary judgment under Rule 18A, the Yale First …
Full SummaryAucoin v. Canada (Minister of Fisheries and Oceans), 2001 FCT 800
This case involved a challenge to a co-management agreement between D.F.O. andthe East Coast (zone 12) snow crab fishermen. It is reported that as a result of changes to the Unemployment Insurance Act in 1995, it became apparent that numerous employees working in snow crab processing plants were not going to be able to work the minimum number of weeks …
Full SummaryDurant v. Canada (Minister of Fisheries and Oceans), 2002 FCT 327
This case involved an application for judicial review of a decision by the Minister of Fisheries to discontinue the practise of allowing oyster cleaners to go out onboard oyster boats to clean oysters while the boats fish. Although a fisher’s registration card and a licence were apparently required to clean oysters aboard a fish boat, for many years D.F.O had …
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