Everett v. Canada ( Minister of Fisheries and Oceans )
T-548-93
Denault J.
26/5/93
9 pp.
Application to quash decision not to issue groundfish ottertrawl licence to applicant and for order directing Minister to issue licence -- Fish plant documents revealing applicant's vessel misreporting catches and substantially exceeding 1990 cod quotas -- Applicant charged with violations of Fisheries Act, and under Criminal Code -- Charges dropped before trial due to lengthy delays -- In 1992 Department notifying applicant recommending refusal of 1993 groundfish licence, vessel registration card and personal fisherman's registration card -- Applicant filing written representations -- Minister considering applicant's and Department's representations and informing applicant licence would not be issued for 1993 and quota allocation would be reduced to zero as showed serious disregard for conservation principles -- Fisheries Act, s. 7 giving Minister absolute discretion to issue fishing licences -- S. 9 permitting cancellation of licence if no proceedings under Act commenced re: operation under licence -- Applicant contending administrative action taken by Minister amounting to suspension or cancellation of licence and s. 9 therefore prohibiting cancellation -- Also alleging Minister exceeding jurisdiction, failing to observe principle of natural justice, procedural fairness -- Application dismissed -- At time of Minister's decision applicant not holding groundfish licence -- Such licences issued annually, expiring at end of each year -- Since Minister's decision neither suspending nor cancelling existing licence, Minister not acting pursuant to s. 9 -- Decision not to issue licence in 1992 exercise of absolute discretion in accordance with s. 7 -- Applicant's contention past holding of licence entitling him to renewal untenable -- By virtue of s. 7, decision regarding granting of new licences to be made in Minister's absolute discretion each year -- Duty of fairness of administrative decision-maker to consider representations and act honestly having regard only to relevant considerations -- No unfairness in exercise of Minister's jurisdiction -- Applicant advised of recommendation, received copy of material to be forwarded to Minister for consideration, advised of right to respond, given opportunity to file written representations prior to Minister's decision, representations of both sides considered -- Minister's decision consistent with statutory and common law duties -- Minister's decision based on relevant considerations -- Nothing preventing Minister from basing decision on events occurring in 1990 -- Since decision to issue licence having discretionary element, mandamus not available remedy -- Fisheries Act, R.S.C., 1985, c. F-14, ss. 7, 9 (as am. by R.S.C., 1985 (1st Supp.), c. 31, s. 95), 61, 79, 79.1 (as enacted idem, s. 97; S.C. 1991, c. 1, s. 24) -- Atlantic Fishery Regulations, 1985, SOR/86-21, ss. 12, 20 -- Fishery (General) Regulations, SOR/93-53, ss. 2, 10 -- Criminal Code, R.S.C., 1985, c. C-46, s. 465(1)(c).