Prince Edward Island Potato Board v. Canada (Agriculture and Agri-Food)
PRINCE EDWARD ISLAND POTATO BOARD
CANADIAN FOOD INSPECTION AGENCY
Law Firm / Organization
Department of Justice Canada
MINISTER OF AGRICULTURE & AGRI FOOD
Law Firm / Organization
Department of Justice Canada

Summary: This case involves a judicial review by the Prince Edward Island Potato Board challenging the Canadian Food Inspection Agency's (CFIA) and the Minister of Agriculture's decisions to restrict the movement of seed potatoes from PEI to the rest of Canada and the US, in response to potato wart outbreaks. The decisions were deemed moot or reasonable and made with the necessary procedural fairness.

Key Points:

  • Background and Legal Framework: The Potato Wart (PW) is a serious pest affecting potatoes, causing significant economic impact but posing no threat to human or animal health. The CFIA manages PW under the Plant Protection Act and related regulations.
  • Decisions Challenged: The decisions included restrictions on seed potato movement due to detected PW outbreaks, classified under various risk categories according to their proximity and likelihood of pest presence.
  • Court's Findings: The court found the decisions to be reasonable within the legal and regulatory framework governing plant protection. It highlighted that the decisions were made with procedural fairness, giving sufficient attention to scientific evidence and the economic implications for the potato industry.
  • Mootness: Some decisions were considered moot due to changes in circumstances or completion of actions planned under the decisions.

Outcome: The application for judicial review was dismissed, affirming the CFIA and Minister's actions as reasonable and procedurally fair in managing the plant health crisis while balancing economic impacts on the potato industry. No costs are awarded on this application

Federal Court
T-1315-22
Agricultural law
Respondent
24 June 2022