Donovan v. Canada (Attorney General), 2008 NLCA 8

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

This case involved three crab fishers who commenced three separate tort actions against the Crown for failure to renew crab licences. The application’s judge struck all three actions on the grounds that the causes of action involved challenges to ministerial decisions which were matters within the exclusive jurisdiction of the Federal Court. Upon appeal, one appellant was successful and two …

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Ahousaht First Nation v. Canada, 2007 FC 567

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

This case involved an application by group of First Nations for judicial review of a decision of the Minister of Fisheries to implement a three year pilot plan for individual transferable fishing quotas in the for rockfish, lingcod and dogfish. It was alleged by the First Nations that the Minister had failed to satisfy its duty to consult before implementing …

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Chiasson v. Canada, 2008 FC 616

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

This case involved an agreement reached between the Minister of Fisheries and the Association des Pescheurs de Poissions de Fond Acadiens Inc. ("APPFA") whereby the Minister would issue a snow crab fishing licence to the APPFA with an allocation of 1000 metric tons in exchange for an agreement from the APPFA to pay the Minister $1,500,000 to be spent on …

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Gwasslaam (Geroge Phillip Daniels) v. Canada (Fisheries and Oceans), 2008 FC 912

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

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 …

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Andrews v. Canada (A.G.), 2009 NLCA 70

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

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 …

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Arsenault v. Canada, 2009 FCA 300

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

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 …

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Ralph v. Canada, 2009 FC 1274

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

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, …

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Nunavut Wildlife Management Board v. Minister of Fisheries and Oceans et al., 2009 FC 16

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

Barry Group, a Canadian Fishing Company, sold 1900t of turbot quota to two other offshore fishing enterprises for in excess of $10 million. The Minister approved the transfer in late January 2008 and after completing the usual searches, the purchasers completed the transaction in early March 2008, more than 30 days after the Minister’s decision. On March 14, 2008, the …

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