Couprie Fenton Inc. v. Canada ( Minister of Foreign Affairs )
T-386-95
Jerome A.C.J.
9/7/96
6 pp.
Application for judicial review of Allocation Method Order-Made by respondent under Export and Import Permits Act, s. 6.2(2)(a)-Applicants importers of beef and veal into Canada-New legislative scheme providing for introduction of Tariff Rate Quotas, type of custom duty for agricultural goods-Under Export and Import Permits Act, only parties who hold import allocation for non-NAFTA beef and veal eligible for import permit-Pursuant to s. 6.2(2)(a), Minister may establish method for allocating quantity of metric tons of non-NAFTA beef and veal to be imported into Canada-Applicants seeking declaration order invalid as giving priority to Canadian residents engaged in processing beef and veal over those who, like themselves, do not-Standard of review in such cases established by F.C.A. in Canadian Assn. of Regulated Importers v. Canada (Attorney General), [1994] 2 F.C. 247-Allocation Method Order made by Minister not so fundamentally flawed by reliance on extraneous or irrelevant considerations to be set aside by Court-According to processors of beef and veal, cost of imported non-NAFTA beef and veal for processing should not be more expensive in Canada than in U.S.A.-No extraneous or irrelevant considerations to justify Court interference with choices made by government and officials in honouring international commitments-No evidence Minister exceeded or abused discretion bestowed upon him by legislation-Application dismissed-Export and Import Permits Act, R.S.C., 1985, c. E-19, s. 6.2(2)(a) (as enacted by S.C. 1994, c. 47, s. 106).