| Citation: |
Mainville v. Canada (Attorney general), 2009 FC 720, [2009] 4 F.C.R. D-2 |
T-1289-07 |
Fisheries
Judicial review of decision by Minister of Fisheries and Oceans to allocate individual snow crab quota of 0.050925% to Eastern New Brunswick groundfish-dependent fishers—According to applicants, Minister’s decision containing several errors—In applying principles stated in case law, evident that nature of fishing carried on, vessel size as well as operating costs clearly relevant considerations in determining allocation percentage—Minister’s decision therefore not unreasonable—Minister also not in breach of his duty to act fairly—Generally, principles of natural justice not applicable to legislative or policy decisions—Even though Minister’s decision had direct impact on limited number of people, no doubt that this decision aimed to establish fisheries management policy—Fisheries Act, R.C.S., 1985, c. F-14 giving Minister almost absolute discretion extending not only to decision but also to procedure in making it—Application dismissed.
Mainville v. Canada (Attorney General) (T-1289-07, 2009 FC 720, Gauthier J., judgment dated July 13, 2009, 19 pp.)