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 …
Full SummaryLabrador Metis Assn. v. Canada (Minister of Fisheries and Oceans), 1997 CanLII 4864
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 …
Full SummaryCarpenter Fishing Co. et al v. Minister of Fisheries and Oceans, [1998] 2 FC 548
On December 23, 1997, a unanimous decision of the Federal Court of Appeal overturned the Carpenter Fishing Decision. Background Information This case involved a challenge to the Current Owner Restriction (C.O.R.) of the individual quota system (I.V.Q.) set up for the halibut fishery in 1990. When the I.V.Q. system was implemented, it allocated the total quota amongst the licence holders …
Full SummaryInternational Fund for Animal Welfare, Inc. v. Canada (Attorney General), 1998 CanLII 14751
1998) No. 98-CV-5100 Ontario Ct. of Justice (General Division) (Chadwick J.) This case involved a constitutional challenge of the conditions imposed upon observation licences for the East Coast seal fishery, issued under section 31 of the Marine Mammal Regulations. The Plaintiff argued that the conditions imposed upon the licences prevented the Plaintiff from fulfilling its mandate of informing the public …
Full SummaryMcKay v. Canada, 1998 CanLII 8916
This case involved an attack on the alleged privatization of the ground fish fishery in the Scotia-Fundy area by way of the creation of individual transferable fishing quotas. The case was brought as an action for both injunctive and declaratory relief. On a pre-trial application by the Defendant, the court struck the portions of the statement of claim asking for …
Full SummaryGwasslaam (Geroge Phillip Daniels) v. Canada (Fisheries and Oceans), 2008 FC 912
This case involved a claim to an aboriginal fishing right. In an application under Federal Court Rule 312 to admit supplemental affidavit evidence of oral history, the Prothonotary denied the application primarily on the grounds that the evidence of oral history was available at the time the application was filed. Upon appeal from a decision of a Prothonotary, the court …
Full SummaryAndrews v. Canada (A.G.), 2009 NLCA 70
This case involved a superior court action by a group of snow crab fish harvesters who alleged that they had a contract with the Minister of Fisheries whereby they gave up their historic right to a proportionate share of a relatively large increase in the total allowable catch of snow crab in the 1990’s in exchange for a promise from …
Full SummaryArsenault v. Canada, 2009 FCA 300
This case involved a group of traditional crabbers from Prince Edward Island who who were promised financial assistance totalling 37.4 million to offset a 10.85 per reduction in their share of the total allowable catch that was re-allocated to aboriginal fishers pursuant to the Marshall Response initiative. This compensation package was incorporated into the Management Plan and and licences were …
Full SummaryAssoc. des Crabiers Acadiens Inc. v. Canada, 2009 FCA 357
Ralph v. Canada, 2009 FC 1274
This case involved an East coast fisher who applied for a turbot licence when a limited entry fishery was announced in 2000, but failed to obtain the licence because of insufficient landings during the qualifying period. He filed an appeal to the Atlantic Fisheries Licence Appeal Board ("AFLAB") and asked for that a licence be granted due to extenuating circumstances, …
Full Summary- Page 2 of 2
- 1
- 2