| Citation: |
Select Brand Distributors Inc. v. Canada (Attorney general), 2009 FC 547, [2009] 4 F.C.R. D-3 |
T-357-07, T-2098-07 |
Food and Drugs
Judicial review of refusals by Canadian Food Inspection Agency (CFIA) to permit applicants to test market in Canada baby food in sizes other than those authorized by Processed Products Regulations, C.R.C., c. 291—Under Regulations, s. 9.1(5)(a), CFIA Director may authorize test marketing if satisfied food product will not disrupt “normal or usual trading patterns” of industry—Whether s. 9.1(5)(a) ultra vires as beyond scope of enabling legislation—Neither Canadian Agricultural Act (Act), R.S.C., 1985 (4th Supp.), c. 20, nor Regulations defining, describing how patterns determined—Act directed to provision of food to Canadian marketplace for consumption, use, not purporting to regulate patterns of marketplace—CFIA having no mandate to regulate normal, usual patterns in food industry—Therefore, s. 9.1(5)(a) ultra vires—CFIA’s refusals set aside since based solely on s. 9.1(5)(a)—Even without ultra vires finding, refusals unreasonable since CFIA not establishing “normal and usual” patterns of industry—Decisions flawed, lacking transparency—Applications allowed.
Select Brand Distributors Inc. v. Canada (Attorney General) (T-357-07, T-2098-07, 2009 FC 547, Hughes J., judgment dated May 27, 2009, 17 pp.)