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 …
Full SummaryNewell v. Canada, 2002 FCT 373
This case involved a crab fisherman who exceeded his individual quota for 1999 crab landings and consequently had his 2000 individual quota reduced by an amount equal approximately to his overage in the previous year. In response, the fisherman commenced an action against the Crown seeking damages for the Crown’s “intentional tortuous interference with his economic interests which caused him …
Full SummaryTucker v. Canada (Minister of Fisheries and Oceans), 2001 FCA 384
This case involved an action by a fisherman against the Minister of Fisheries for damages arising from a decision by the Minister requiring the fisherman to elect either to utilize an inshore fishing licence for groundfish or an offshore fishing licence for turbot. In reviewing the Minister’s discretionary power to issue licences under section 7 of the Fisheries Act, the …
Full SummaryJose Pereira E. Hijos, S.A. v. Canada (Attorney General), 2001 FCT 1434
This case involved a damage action against the Federal Government alleging trespass, assault and negligent navigation arising out of the seizure of the Spanish fishing vessel “Estai” on the high seas in 1995. The decision involved a pre-trial application for an order that a Crown official answer a number questions with respect allegations that the Canadian Government was involved in …
Full SummaryJada Fishing Co. Ltd. et al v. Canada (Minister of Fisheries and Oceans), 2002 FCA 103
In this case the motions judge (Pelletier J.), reviewed a recommendation regarding a quota allocation adjustment for an individual fisherman made by the Pacific Region Licence Appeal Board to the Minister of Fisheries. Using the Pushpanathan pragmatic and functional analysis as applied to an “expert tribunal,” the motions judge applied a standard of review of reasonableness. Upon appeal, the Federal …
Full SummaryHache v. Canada (Minister of Fisheries and Oceans), 2002 FCT 703
This case is the sequel to Aucoin v. Canada (Minister of Fisheries and Oceans) [2001] F.C.J. 1157 (digested herein). Aucoin involved a challenge to a co-management agreement between D.F.O. and the 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 …
Full SummaryOak Island International Group Ltd. v. Canada (Attorney General), 2003 NSSC 47
This case involved a Nova Scotia corporation involved in the business of fishing for silver hake and selling it to an offshore market. The company alleged that it was injured as a result of : (1) a delay in approving its fishing licence and quota in 1995; (2) it received a shortfall in its quota allocation in 1995; and (3) …
Full SummaryNorth of Smokey Fisherman's Association v. Canada (Attorney General), 2003 FCT 33
This case involved a judicial review proceeding against the Minister of Fisheries challenging his decision to open a winter cod fishery in the Sydney Bight area east of Cape Breton. While the hearing of the proceeding was pending, the applicant, an association of fishermen, brought on a motion for an interlocutory injunction enjoining the Minister from opening the fishery. The …
Full SummaryEcology Action Centre Society v. Canada (Attorney General), 2002 FCT 1309
This case involved an application to quash a variation order that opened the Georges Bank for fishing by any means, including dragging. The Applicant argued that the variation order was beyond the jurisdiction of the decision maker because the use of draggers would cause damage to fish habitat. At the initial application before a Prothonotary, the applicant tendered seven affidavits …
Full SummaryPereira E. Hijos, S.A. v. Canada (Attorney General), 2002 FCA 470
This case involved a damage action against the Federal Government alleging trespass, assault and negligent navigation arising out of the seizure of the Spanish fishing vessel “Estai” on the high seas in 1995. The decision involved a pre-trial application for an order that a Crown official answer a number questions with respect allegations that the Canadian Government was involved in …
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