Kelly v. Canada ( Attorney General )
T-1832-96
MacKay J.
17/9/97
10 pp.
Application for judicial review of decision by Associate Regional Director General, Maritimes Region, finding applicant to be in violation of Atlantic Fishery Regulations, 1985, s. 57(1)(c) for having on board vessel lobster trap during closed fishing season-Lobster fishing season closed in Area 25 when violation occurred August 3, 1995-Penalty imposed year later by letter of August 2, 1996-Circumstances of instant case similar to those in Matthews v. Canada (Attorney General), [1997] 1 F.C. 206 (T.D.)-Factual differences from those in Matthews not legally significant-Whether Minister's discretion under Fisheries Act, s. 7 includes authority to impose penalty for violation of term of licence, as in Matthews, or for violation of Regulations, as herein, in previous year-Decision on behalf of Minister to impose penalty on applicant, in addition to penalty already imposed on him in provincial court, for violation of fisheries Regulations in previous year, quashed-Discretion vested in Minister of Fisheries and Oceans under Act, s. 7 not including authority to refuse to issue licence for part of fishing season for purpose of imposing penalty because of violation of fisheries Regulations in previous year-Associate Regional Director General, Maritimes Region person authorized to act on behalf of Minister under Act, s. 7-Decision-maker, namely federal board, commission, tribunal, not obliged to give reasons for decision, unless statutory requirement to do so-If it were within Minister's discretion to impose penalty for violation of fisheries Regulations, penalty imposed here so unreasonable, arbitrary that decision beyond Minister's authority under s. 7-Application allowed-Fisheries Act, R.S.C., 1985, c. F-14, s. 7-Atlantic Fishery Regulations, 1985, SOR/86-21, s. 57(1)(c) (as am. by SOR/93-61, s. 21).