[2011] 2 F.C.R. D-15
Fisheries
Judicial review of Minister of Fisheries and Oceans’ decision to buy back Chinook salmon fishing licenses from applicants, other fishing areas in effort to reduce Chinook salmon catch off West Coast of Vancouver Island by 30 percent—Decision taken pursuant to amendments to Pacific Salmon Treaty with U.S. whereby U.S. undertaking to fund Canadian mitigation program for US$30 million—While recognizing that Minister having power to reduce catch, applicants claiming that Minister’s spending program constituting unjust enrichment at applicants’ expense—Claiming entitled to money to retool vessels to fish other species—Minister having two options as to how to spend US$30 million—Minister’s decision to reduce catch political in nature, not reviewable by Federal Court, but decision to buy back licenses justiciable—Minister’s decision within discretion both at law (Financial Administration Act, R.S.C., 1985, c. F-11; Fisheries Act, R.S.C., 1985, c. F-14) and under terms of Treaty—Not unjustly enriching Minister—Regardless of circumstances, applicants cannot benefit from Treaty since Treaty not implemented by national legislation as required—Applicants correctly choosing judicial review vehicle to seek to have Minister’s decision quashed, to request declaratory relief—However, having to institute action upon obtaining administrative relief sought herein if seeking money—Minister’s decision reasonable, falling within range of acceptable, rational solutions; decision transparent, intelligible, justified—Application dismissed.
Kimoto v. Canada (Attorney General) (T-1582-10, 2011 FC 89, Harrington J., judgment dated January 26, 2011, 31 pp.)