| Citation: |
St. brieux (Town) v. Canada (Fisheries and Oceans), 2010 FC 427, [2010] 2 F.C.R. D-9 |
T-806-09 |
Fisheries
Applicants seeking order in nature of mandamus requiring enforcement of Department of Fisheries and Oceans (DFO) direction issued against municipality to stop flow of saline water from one lake to another pursuant to Fisheries Act, R.S.C., 1985, c. F-14, s. 38(6)—Applicants submitting Act, ss. 36(4), 38(4) to be construed broadly to give full effect to public policy, aim of Act—Management, control, protection of fishing resources overall scheme of Act—Words “out of the normal course of events” in s. 38(4) meaning not regular, typical, usual—Thus, issue becoming whether saline water in lake usual, regular occurrence—Legislator’s use, qualification of word “may” in s. 38(6), instead of “shall” in ss. 38(4), 38(5), meaning DFO inspector left with appreciation of circumstances, decision regarding which measures to take—Court satisfied word “may” giving DFO inspector discretion to exercise powers—No indication that decision of not issuing new direction based on irrelevant considerations, bad faith—Court cannot direct how DFO inspector should exercise powers if reasonable grounds to exercise discretion present—Application dismissed.
St. Brieux (Town) v. Canada (Fisheries and Oceans) (T-806-09, 2010 FC 427, Gauthier J., order dated April 19, 2010, 25 pp.)