Nunavut Tunngavik Inc. v. Canada ( Minister of Fisheries and Oceans )
T-872-97
Campbell J.
14/7/97
23 pp.
Application for judicial review of decision of Minister of Fisheries and Oceans, dated April 7, 1997, announcing turbot quotas for Davis Strait fishery for 1997-Land claims agreement between Inuit of Nunavut Settlement Area and Government of Canada (the Agreement) respecting coordinated wildlife management within, outside geographic area covered by Agreement-Art. 5 of Agreement providing for establishment of Nunavut Wildlife Management Board (NWMB)-In making 1997 decision, Minister substantially disregarded submissions made to him by NWMB, advice of own Assistant Deputy Minister-Fisheries Act, s. 43, Fishery (General) Regulations, s. 22(1)(a) granting Minister discretion to set quotas-Discretion granted by statute not absolute, must be exercised within confines of Minister's jurisdiction-Decision maker must not take extraneous factors, irrelevant considerations into account when making decision-Failure of administrative decision-maker to take into account highly relevant consideration as erroneous as improper importation of extraneous consideration-Decision-maker must consider all relevant factors before decision can be said to have been made in lawful manner-Failure to do so will result in decision being set aside-Incumbent upon Minister to consider advice, recommendations of NWMB-Duty to "consider" entails more than simply receive, examine advice, recommendations given by NWMB-Agreement struck within context of acknowledgment of Aboriginal right-Solemn arrangement, provisions of which must be given full force, effect-Provisions regarding "consultation", "consideration" must be fully enforced-Consultation must be meaningful inclusion of NWMB in governmental decision-making process before decisions made-Position of Nunavut Inuit to be given priority consideration-Consultation, consideration means more than simply hearing, must include listening-Minister erred in making decision of April 7, 1997 by failing to take relevant factors into account-Application allowed-Fisheries Act, R.S.C., 1985, c. F-14, s. 43 (as am. by R.S.C., 1985 (1st Supp.), c. 35, ss. 3, 7; S.C. 1991, c. 1, s. 12)-Fishery (General) Regulations, SOR/93-53, s. 22(1)(a).