Dobbin v. Department of Fisheries and Oceans, Canada

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

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 rejected the claim as being beyond its jurisdiction. In doing so, it categorized the claim as discrimination based upon place of residence and held that this was not a prohibited ground of discrimination. Upon appeal to the Federal Court, the decision of the Human Rights commission was upheld.