Barnett v. Canada ( Minister of Agriculture and Agri-Food )
A-618-96
Pratte J.A.
19/12/96
6 pp.
Appeal from Trial Division order ((1996), 116 F.T.R. 230) setting aside removal order issued by veterinary inspector under Health of Animals Act, s. 18(1)-Respondent obtaining permit to import 250 alpacas from Chile-Many conditions attached to permit-Some of them to be complied with while animals still in Chile-Condition that animals had, before importation, to be subjected to certain tests and obtain negative results not complied with-Officer acting under Act, s. 18 requiring respondent to remove animals from Canada-Removal order set aside by Trial Division on ground officer illegally fettered discretion-Clear violation of condition of permit which renders whole group of animals ineligible for importation not mere "deficiency" that could subsequently be cured by further testing-Verb "to dispose" has very broad meaning but used in much narrower sense in Act-Interpretation of s. 17 adopted by Trial Judge renders s. 18(1)(a) redundant since Minister could return animal to importer on condition it be removed from Canada-Distinction between power to dispose of forfeited, seized animals and power to return them to owner-Removal order only relief against forfeiture provided for in s. 17-Appeal allowed-Health of Animals Act, S.C. 1990, c. 21, ss. 17, 18.