Matthews v. Canada ( Attorney General )
A-677-96
Marceau J.A.
26/5/99
3 pp.
Appeal from Trial Division decision ([1997] 1 F.C. 206) allowing application for judicial review of decision of Minister of Fisheries and Oceans-In exercising power conferred on him by Fisheries Act, s. 7 to issue at "absolute discretion" fishing licence, Minister of Fisheries and Oceans may not do it by attaching to licence limitations, conditions, sole purpose of which to impose sanctions for applicant's past behaviour-However largely expressed discretion given to Minister to issue or not issue licence, qualifications he may attach to licence must be strictly aimed at furthering objects for which authority exists, namely management of fisheries, conservation, protection of fish-Sole consideration in imposing qualifications within renewed licence that sanctioning past violations of licence holder may provide deterrence that can indirectly help attain objects of Act too indirect, remote to be seen as properly within purview of clear mandate given to Minister-Decision of Minister to reduce by three weeks period of licence issued to respondent, to limit quota allocation by 50% could not be allowed to stand-Appeal dismissed-Fisheries Act, R.S.C., 1985, c. F-14, s. 7.