Applicant
Respondent
- Parties: The applicants were Nunavut Tunngavik Incorporated and Qikiqtani Inuit Association. The respondents were the Minister of Fisheries and Oceans, Clearwater Seafoods Limited Partnership, and FNC Quota Limited Partnership.
- Subject Matter: The Minister of Fisheries and Oceans approved the reissuance of one Greenland halibut and two Northern shrimp fishing licences in waters adjacent to the territory of Nunavut from Clearwater Seafoods Limited Partnership to FNC Quota Limited Partnership. The applicants sought judicial review. An issue in this proceeding was the Minister’s authority for the reissuance of these licences under s. 7 of the Fisheries Act, 1985 in light of the limitations placed on the Minister’s authority under article 15.3.7 of the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada, a constitutionally protected modern-day treaty.
- Ruling: The court ruled in the applicants’ favour, allowed the judicial review application, quashed the decision, and remitted the matter to the Minister. The court found the decision unreasonable but rendered in a procedurally fair manner. Specifically, the court deemed the decision unjustified in relation to the legal constraint of the Nunavut agreement due to the Minister’s failure to grapple appropriately with the special considerations of adjacency and economic dependency.
- Date: The hearing was set on Oct. 16, 2023. The court released its decision on Apr. 26, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: The court ordered the respondent Minister to pay the applicants their costs.
Court
Federal CourtCase Number
T-1362-21Practice Area
Administrative lawAmount
$ 0Winner
ApplicantTrial Start Date
01 September 2021Download documents