These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca CV: Link.

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

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Robinson v. Canada (Attorney General), 2019 FC 876

In Judicial Review/Crown Liability on

This case involves a NS lobster fisherman who is unable to fish due to illness and has exceeded the limited 5-year exception enabling him to appoint a “medical substitute operator”. PIIFCAF generally requires a lobster licence to be personally fished by its owner, i.e., “owner-operator”. Mr. Robinson asserts that the Minister’s decision not to approve a further extension was unreasonable …

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Kinghorne v. Canada (Attorney General), 2019 FC 1183

In Judicial Review/Crown Liability on

Kinghorne v. Canada (Attorney General), 2019 FC 1183(link) This case involved a challenge by a NB fisherman who sought access to a small craft harbour to berth his fishing vessel at the start of the lobster fishing season. The harbour was situated close to nearby fishing grounds and there was significant local interest in setting out from this location. Concerned …

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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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