Duguay v. Canada ( Director General, Department of Fisheries and Oceans )
T-779-94
Dubé J.
4/10/96
8 pp.
Application to quash respondent's decision issuing crab fishing licence to applicant with decrease of two metric tonnes-Applicant fisherman by profession-On June 18, 1993, employee of respondent contending applicant and two employees, when unloading cargo of crabs, failed to weigh three trays of snow crabs-Applicant alleged to have failed to comply with conditions of fishing licence by concealing part of catch, thereby contravening Fishery (General) Regulations, s. 22(1)(n),(p)-Whether Minister of Fisheries and Oceans empowered under Fisheries Act and Fishery (General) Regulations to impose penalties in relation to fishing licence-Under Act, s. 7, Minister may issue leases at his absolute discretion-Under s. 9, may suspend, cancel leases previously issued, on two conditions: breach of provisions ascertained and no proceedings commenced in this regard-Act, s. 7 allowing leases to be issued or not issued but not authorizing penalties-Imposition of reduction in catch constituting "penalty"-If Minister wants to impose penalty, must proceed in accordance with precise code stipulated by Parliament-Minister not empowered under Act to impose penal sanctions in relation to fishing licences-Application allowed-Fisheries Act, R.S.C., 1985, c. F-14, ss. 7, 9-Fishery (General) Regulations, SOR/93-53, s. 22(1)(n),(p).