FISHERIES |
Durant v. Canada (Minister of Fisheries and Oceans)
T-1836-00
2002 FCT 327, O'Keefe J.
22/3/02
19 pp.
Application for judicial review of new policy of Minister of Fisheries and Oceans wherein applicant, other oyster cleaners from Prince Edward Island prohibited as of September 15, 2000 from continuing previously accepted practice of accompanying licensed oyster fishers on fishing vessels-- Applicant oyster cleaner on husband's oyster fishing boat since spring of 1995--Obtained from respondent each year "fisher's registration card"--Respondent made new policy in April 2000 no oyster cleaners would be allowed on oyster boats after September 15, 2000--New policy communicated to public in press release of Department of Fisheries and Oceans (DFO)--Applicant charged under Fisheries Act, s. 78, Maritime Provinces Fishery Regulations, s. 4(1)(b) for allegedly fishing oysters, without being authorized to do so-- Charges under Fisheries Act subsequently dismissed-- Announcement by Mr. Scarth, Area Director of DFO, not "decision or order", therefore 30-day limitation period of Federal Court Act, s. 18.1(2) not applicable herein--Change in policy announced by DFO should be afforded considerable deference by Court, should only be set aside where change in policy patently unreasonable--DFO providing notice, opportunity to be heard prior to implementation of new policy --Respondent complying with level of procedural fairness, natural justice acceptable under circumstances--Doctrine of legitimate expectations part of doctrine of fairness, natural justice--Cannot create substantive rights--Inapplicable herein --No evidence Minister, agents abused public power-- Applicant could not claim damages in judicial review application--DFO refusing to issue some requested documents in accordance with r. 317(1) in that copy of documents already in applicant's possession, irrelevant to proceedings--Application dismissed--Fisheries Act, R.S.C., 1985, c. F-14, s. 78 (as am. by S.C. 1991, c. 1, s. 24)-- Maritime Provinces Fishery Regulations, SOR/93-55, s. 4(1)(b)--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)--Federal Court Rules, 1998, SOR/98-106, r. 317.