Digests

Fisheries

Judicial review of Minister of Fisheries and Oceans’ decision rejecting applicant’s appeal for reinstatement of certain fishing licences, vessel registrations—Upon written request of Mr. James Harnum (applicant’s father), Department of Fisheries and Oceans (DFO) approving reissuance of certain licences, vessel registrations, known as “core enterprise”, to applicant—Meanwhile, Supreme Court of Newfoundland and Labrador rendering judgment in favour of Charles Green, finding that partnership existed between Green, James Harnum from 1987 to 1999, James Harnum accountable to Green for half the income, assets of partnership—Upon learning of reissuance of licences to applicant, which was done without notice to Green and in defiance of order directing James Harnum retain partnership assets, trial judge adding applicant as defendant to action in Supreme Court of Newfoundland and Labrador—In the meantime, DFO approving request to reissue core enterprise from applicant to Clyde Boland—Applicant arguing Minister erred by failing to follow certain policies set out in Commercial Fisheries Licensing Policy for Eastern Canada—Policies not having force of law, but existing as guide to implementation of legislation—Bar against reissuance of licenses more than once in 12 month period matter of policy, not law—Implementation of policy regarding fishing, other licences under Act lies in discretion of Minister, having regard to relevant circumstances, including outcome of judicial proceedings before Supreme Court of Newfoundland and Labrador—Minister’s action herein reasonable—Applicant relying on Charter to argue he suffered discrimination, has been deprived of licences by unreasonable seizure—No unreasonable seizure as licenses not property, but grants of privilege wholly in discretion of Minister—Applicant attempting to challenge findings of Supreme Court of Newfoundland and Labrador in proceeding factually concerned with another matter, i.e. dismissal of appeal relating to non-issuance to him of core enterprise he formerly held—Application dismissed.

Harnum v. Canada (Attorney General) (T-960-08, 2009 FC 1184, Heneghan J., judgment dated November 18, 2009, 21 pp.)