Giroux v. Canada (Attorney General), 2016 FCA 288

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

This case involved in group of Scallop Fishers in the Bay of Fundy area who challenged a decision of the Minister of Fisheries of issue licences to another group with licence conditions that allowed them to fish in area SFA 29 West. After setting out the discretionary authority of the Minister, the Motions Court denied the motion on the grounds …

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Giroux v. Canada (Attorney General), 2015 FC 683

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

This case involved a challenge by group of commercial scallop fishers from one area when the Minister of Fisheries issued licenses to another group that allowed the other group to fish in the first groups historical area. This application was denied on the grounds that the Minister had very broad discretion to manage fisheries and issue licenses in doing so. …

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Doucette v. Her Majesty the Queen (Minister of Fisheries), 2015 FC 734

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

In this case, the Applicant was a commercial fish harvester residing in Prince Edward Island who wished to move to New Brunswick. In order to do so, he sold the fishing license that he used while living in Prince Edward Island. After consulting with the Department of Fisheries and Oceans ("DFO"), he moved to New Brunswick and entered into an …

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Kwicksutaineuk Ah-kw A-mish First Nation v. Canada (A.G.) et al., 2012 FC 517

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

This was an application for judicial review that was a direct consequence of the Morton decision that held the provincial regulatory regime over fin fish aquaculture was constitutionally invalid. As a result of this decision, the federal government was given one year to consider and put into place a regulatory regime over aquaculture in B.C. This meant approximately 680 provincial …

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Adventure Tours Inc. v. St. John's Port Authority, 2012 FC 305

In Miscellaneous Maritime Law Topics on (Updated )

The applicant wrote to the St. John’s Port Authority advising he wished to resume providing a tour boat service and inquiring whether a licence was required. The Authority wrote back advising that they had agreements in place with tour boat operators and were not accepting any further applications. The applicant brought an application for judicial review arguing that the Authority …

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Nunavut Tunngavik Inc. v. Canada (Minister of Fisheries and Oceans), [1998] 4 FC 405

In Aboriginal Rights/Defences, Fish Cases on (Updated )

This case involved a lands claims agreement between the Government of Canada and the Nunavut Inuit. Amongst other things, this agreement provided that the Government of Canada would "seek the advice of the NWMB (Nunavut Management Wildlife Board) with respect to any wildlife management decisions . . . which would affect the substance and the value of Inuit harvesting rights …

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R v. Cummins, 1997 CanLII 1659

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

This case involved an action for a declaration that that section 6 of the Aboriginal Communal Fishing Licences Regulations is invalid by reason of an unlawful sub delegation of legislative power. The Crown sought a stay of the proceedings on the grounds that the action was essentially a matter of judicial review which was within the exclusive jurisdiction of the …

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Labrador Metis Assn. v. Canada (Minister of Fisheries and Oceans), 1997 CanLII 4864

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

This case involved a challenge by the Labrador Metis Association ("LMA") to the Minister of Fisheries for failing to respond to an application to issue it a communal fishing licence. D.F.O. presented evidence that it was concerned that a decision to issue a communal fishing licence could be interpreted my the LMA as recognition by the Government of Canada of …

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