[2012] 1 F.C.R. D-2
Fisheries
Appeal from Federal Court order (2011 FC 89) dismissing judicial review of decision by Minister of Fisheries and Oceans not to pay fishery mitigation program funds to appellants—Canada, U.S. entering into Pacific Salmon Treaty (Treaty) in 1985—Amendments to Treaty in 2009 requiring, inter alia, Canada reduce catch of Chinook salmon, stipulating U.S. to provide US$30 million to Canada (U.S. Fund) for fishery mitigation program to reduce effort in commercial salmon troll fishery—In light of present litigation, other litigation, Minister agreeing not to spend U.S. Fund absent court order—Mitigation program including voluntary permanent licence retirement program for troll licence holders in individual stock based management Areas F, G, H—Whether U.S. Fund payable to appellants, Minister’s decision complying with Treaty, Financial Administration Act, R.S.C., 1985, c. F-11 (FAA)—FAA permitting funds collected under a treaty to be paid out for purpose specified therein—If proposed program related to purpose specified in Treaty, not possible to interfere with Minister’s decision herein—Plain language of Treaty not supporting interpretation that Treaty must remedy adverse impact of fishery reduction in Area G—U.S. Fund not tied to harvest reduction in Area G—Treaty permitting Canada to use U.S. Fund for reduction of effort in commercial salmon troll fishery in all Areas (i.e. F, G, H)—Reasonable for Minister to allocate portions of U.S. Fund to fishers other than those in Area G—Appellants not having property rights in fish now remaining uncaught—Minister’s decision sufficiently transparent, intelligible, falling within range of possible, acceptable outcomes—Reasonably open to Minister to conclude that licence reduction component reducing fishing effort—Appeal dismissed.
Kimoto v. Canada (Attorney General) (A-85-11, 2011 FCA 291, Layden-Stevenson J.A., judgment dated October 19, 2011, 9 pp.)