Blaney v. British Columbia (Minister of Agriculture Food & Fisheries), 2005 BCSC 283
This was a judicial review application challenging a decision of the Minister of Agriculture Food and Fisheries to approve an amendment of a aquaculture licence allow a change from Chinook salmon to Atlantic salmon. After hearing evidence the court granted a declaration that the Minister had a continuing duty to consult and adjourned the application for judicial review generally.
Full SummaryDecker v. Canada (Attorney General), 2004 FC 1464
This case involved a ground fish harvester whose application for a temporary shrimp permit was denied on the ground that his vessel was not fully geared up and ready to fish at the required time. Upon appealing the denial to the Atlantic Fisheries Licence Appeal Board, his appeal was turned down by the Minister. Upon bringing a application for judicial …
Full SummaryPrince Edward Island v. Summerside Seafood, 2006 PESCAD 11
This case involved a fish processing plant that was refused a fish processing licence from the Provincial Minister of Fisheries because of its alleged indebtedness to the Provincial Government arising from a loan guarantee. The fish processor commenced a judicial review proceeding against the Government and its officials and then obtained an interim declaration that the fish processor had a …
Full SummarySt. Anthony Seafoods Limited Partnership v. Nfld. & Labrador (Minister of Fisheries and Aquaculture), 2004 NLCA 59
This case involved a fish processing plant in Saint Anthony, Nfld. In 1998 the Minister of Fisheries and Aquaculture wrote to the processor and promised a multi-specie processing licence, including a licence to process snow crab. Although a licence to process shrimp was quickly granted, the Ministry never followed through on its promise to issue a snow crab licence. Upon …
Full SummaryDobbin v. Department of Fisheries and Oceans, Canada, 2005 FC 1020
This case involved a decision by the Department of Fisheries and Oceans to open a new area for the fishing of snow crab to be managed by the Quebec Region with licences issued only to residents of Quebec. Upon challenging the decision under the s. 41(1)(c) of the Canadian Human Rights Act, R.S.C. 1985, c. H-6 the Human Rights Commission …
Full SummaryNunavut Territory (Attorney General) v. Canada, 2005 FC 342
This case involved the challenge of a decision of the Minister of Fisheries involving the allocation of the benefit of a 29 per cent increase in the total allowable catch of shrimp. This 29 per cent increase amounted to 2,127 additional tons of catch. of that 2,127 tons, all but 940 tons were allocated to Nunavut or Nunavut related interests. …
Full SummaryCanus v. Canada Customs, 2005 NSSC 283
This case involved an audit by Canada Customs and Revenue Agency of a Canadian Fish Processor that sold fish to its U.S. parent company. As a result of this audit, the company was re-assessed tax in the amount of $1,031345 for improper transfer pricing. As a result of this re-assessment the Fish Processor was limited in the amount of credit …
Full SummaryFennelly v. Canada (Attorney General), 2005 FC 1291
This case involved judicial review of a decision of the Minister of Fisheries to not re-issue an exploratory snow crab licence. During a previous judicial review application (digested herein), the court had made an order that the the Minister of Fisheries re-consider his decision based upon facts he had neglected to consider at the original appeal. After reconsidering the matter …
Full SummaryBenoit v. Canada, 2006 FC 1076
This case involved a fish harvester who was denied CORE status in 1996 and failed to overturn the initial denial after a series of eight appeals. With respect to the the non-binding recommendations of two advisory boards, the Court followed Jada Fishing Co. v. Canada 2002 FCA 103 (digested herein) to hold that these recommendations were not subject to judicial …
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