This case involved an action for a declaration that that section 6 of the Aboriginal Communal Fishing Licences Regulations is invalid by reason of an unlawful sub delegation of legislative power. The Crown sought a stay of the proceedings on the grounds that the action was essentially a matter of judicial review which was within the exclusive jurisdiction of the Federal Court by virtue of s. 18 of the Federal Court Act.
The Plaintiff argued that the action should be characterized as either an action concerning the validity of a federal enactment or alternatively an request for a "Dawson,type" declaration.
After a lengthy review of the law, the court accepted the argument of the Crown and characterized the action as a matter of judicial review which is in the exclusive jurisdiction of the Federal Court.
Counsel for the Crown: Paul Partridge
Counsel for the Plaintiff: Christopher Harvey
See also Neskonlith Band v. Canada (Attorney General) (22 Sept. 1997) (T-1497-97) (Fed. Ct. T.D.) (MacKay J.), digested under Aboriginal Rights and Defences.