Administrative Law
Judicial Review
Remedies
Applicants, traditional crabbers from Prince Edward Island, seeking writ of mandamus requiring Minister of Fisheries and Oceans to pay financial assistance approved in management plan without condition — 2006 Management Plan for certain Snow Crab Areas providing for financial assistance to crabbers to offset reduction of total allowable catch — Silent on inclusion of release — Departmental officials requiring applicants to sign release to obtain financial assistance, but applicants refusing to do so — Writ of mandamus extraordinary equitable remedy — Issuance subject to conditions precedent established by F.C.A. in Apotex Inc. v. Canada (Attorney General), [1994] 1 F.C. 742 — Minister had public legal duty to implement Management Plan as announced — Citizens whose rights determined administratively entitled to know where they stand — All conditions required for issuance of mandamus met — Application allowed in part.
Arsenault v. Canada (Attorney General) (T-658-07, 2008 FC 492, Blanchard J., judgment dated 16/4/08, 22 pp.)