Everett v. Canada ( Minister of Fisheries and Oceans )
A-385-93
Desjardins, MacGuigan JJ.A.
25/3/94
13 pp.
Appeal from Motions Judge's decision ([1993] 2 F.C. D-35) rejecting claim respondent exceeded jurisdiction and violated principles of natural justice when refusing to issue fishing license for 1993 and reducing individual transferable quota to zero-Appellant charged with excess catch in violation of Fisheries Act, ss. 61(a), 79(1), and with conspiracy to commit indictable offence of uttering forged documents contrary to Criminal Code, s. 465(1)(c)-Per Desjardins J.A.: Motions Judge of view Minister's action being related to licensing matters, administrative and duty to act fairly at minimum-No clear-cut distinction between procedural fairness applied to administrative decisions and natural justice applied to quasi-judicial decisions-Precise contents depending on circumstances of case, statutory provisions and nature of matter to be decided-Nature of proceedings before Minister in high end of scale with respect to application of natural justice and procedural fairness-Minister entitled to decide matter on balance of probabilities-Appellant given full opportunity to put case before Minister-Per MacGuigan J.A.: In Fisheries Act, s. 7, Minister's discretion to issue fishing licenses subject to same legal limitations whether or not described as absolute-No longer any need to preserve distinction between quasi-judicial and administrative acts-Essentially, natural justice and procedural fairness both requiring same safeguards in any given situation-Exigencies of natural justice or fairness discoverable only by close examination of all circumstances-Appeal dismissed but without costs awarded-Fisheries Act, R.S.C., 1985, c. F-14, ss. 7, 61, 79-Criminal Code, R.S.C., 1985, c. C-46, s. 465(1)(c).