Labrador Métis Assn. v. Canada ( Minister of Fisheries and Oceans )
T-796-96
Rothstein J.
3/2/97
7 pp.
Whether Minister of Fisheries and Oceans (Minister), in declining to grant communal fishing licence to Labrador Métis Association (LMA), breached principles of natural justice or procedural fairness in making decision without affording LMA opportunity to make submissions on whether it represented group of aboriginal people who have continuously used fisheries resources in area from pre-European contact to coming into effect of Constitution Act, 1982-In March 1995, LMA instituted discussions with Department of Fisheries and Oceans (DFO) for purpose of negotiating Aboriginal Fishing Agreement-Initiative resulting from prosecutions of members of LMA for alleged illegal fishing-Minister's officials formed impression LMA attempting to lever initial attempt at obtaining communal fishing licence into recognition by federal government of LMA's Aboriginal rights-Latter question having significant implications beyond communal fishing licences, for example land claims-DFO not prepared to issue communal fishing licence to LMA as latter not representing group having used fisheries resource in area since before European contact-Application for judicial review brought on April 3, 1996-LMA not being denied opportunity to make submissions of historical use of fishery-Minister neither ignoring evidence nor wrong in not consulting with LMA on March 31, 1996, thereby confirming original refusal to grant communal fishing licence to LMA-Issuance of communal fishing licence not dealt with as stand-alone issue but bound up in other, far-reaching issues-Nothing substantive about whether LMA represents persons whose ancestors have used fishery resource in area since before European contact-Application dismissed.