FISHERIES
Application to rescind scientific fishing licence issued by Department of Fisheries and Oceans (DFO) on ground Minister exceeding jurisdiction by allocating 50 metric tonnes of snow crab in exchange for scientific research services rendered by licence holder for DFO—Area 12 snow crab fishing licence holders signing co‑management agreement in 1997 with DFO, agreement including resource conservation and protection measures—Agreement not renewed, but DFO representatives and traditional snow crab fishers recognizing importance of continuing scientific research into fishery to ensure long‑term viability—DFO assessing operating costs of trawl survey, estimating 50 tonnes of crab at market price prevailing at that time sufficient to cover operating costs of licence holder eventually carrying out survey—Decision to issue licence made June 20, 2003, by Regional Director General, Gulf Region, on behalf of DFO—Application for judicial review filed September 5, 2003—Whether Minister may, when issuing scientific fishing licence, use portion of resource he manages to fund certain DFO activities—Source of Minister’s power to issue fishing licences Fisheries Act, s. 7—Power prima facie discretionary, conferring no rights upon fishing licence applicants—Minister motivated by duty to “manage, conserve and develop the fishery on behalf of Canadians in the public interest” in deciding to issue licence authorizing fisher collaborating in scientific activities of DFO to keep 50 tonnes of snow crab to cover operating expenses— Purpose of surveys carried out by licence holder to assess state of stocks, establish abundance index, validate data on fishery, and study life cycle and seasonal migration of snow crab—No question that DFO’s objectives legitimate and in keeping with Act—Creative solution designed to remedy lack of funds available to DFO not vitiating lawfulness of objective or chosen means for achieving it—With regard to illegal sub‑ delegation argument, issuing licence and setting related terms and conditions clearly administrative acts—Case law on many occasions recognizing that sub‑delegation of such powers implicitly permitted, given that Minister unable to personally consider every application for every licence Act authorizes him to issue—Application dismissed—Fisheries Act, R.S.C., 1985, c. F‑14, s. 7.
Larocque v. Canada (Minister of Fisheries and Oceans) (T‑1629‑03, 2005 FC 694, de Montigny J., order dated 16/5/05, 18 pp.)