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Ahousaht First Nation v. Canada (Fisheries, Oceans and Coastguard), 2019 FC 1116, 2019 FC 1116

In Aboriginal Rights/Defences, Judicial Review/Crown Liability on

This case involved an application for an interlocutory injunction by five of the 14 Nuu-chah-nulth group located on the West Coast of Vancouver Island.  The injunction was for the increase of their allocation of AABM chinook salmon of at least 5,000 additional pieces. In a lengthy decision (65 pages), the court rejected that application on the grounds that: (a) The …

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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 …

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 …

Gillett v. Canada and Hurley, 2017 FC 574

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

In response to increasing fishing pressure in the capelin fishery, in 2007 Fisheries and Oceans Canada (“DFO”) imposed a management measure that only allowed capelin licence holders to fish in one management area per year. As a result, licence holders in the Newfoundland region who leased their capelin fishing vessels to licence holders in another region, were not permitted to …

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Anglehart v. Canada, 2016 FC 1159

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

This cased involved a complaint by one group of snow crab fish harvesters who objected to the Minister reducing the quota in their area by 35 per cent. After rejecting a number of grounds of review, the court imposed liability based upon the tort of misfeasance in public office. In doing so, the court remarked that unlike a number of …

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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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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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Her Majesty the Queen v. . 100193 P.E.I. Inc. et al., 2016 FCA 280

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

This was an appeal and cross appeal from a decision of the Federal Court (2015 FC 932) allowing in part the Appellant/Defendant’s motion for summary judgement to dismiss the Respondent/Plaintiffs’ claims. In their action, the Plaintiffs’ claim included the following: 1) Expropriation without compensation; 2) Breach of contract; 3) Unjust enrichment; and 4) Misfeasance of Public office. The motions Court …

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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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