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 and Agri-Food
Law Firm / Organization
Department of Justice Canada

- Parties: The appellant was the Prince Edward Island Potato Board. The respondents were the Canadian Food Inspection Agency and the Minister of Agriculture and Agri-Food.

- Subject Matter: The Minister of Agriculture and Agri-Food issued an order under s. 15(3) of the Plant Protection Act, 1990, which declared Prince Edward Island a place infested with potato wart and prohibited the movement of PEI seed potatoes from PEI without an inspector’s written authorization. The appellant sought judicial review. The Federal Court dismissed this request. The appellant appealed this judgment. The appellant argued that the Minister’s decision to issue the ministerial order was unreasonable because there was insufficient evidence to establish that PEI was “infested” with potato wart as that term was defined in the statutory framework governing the issuance of such orders.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court found the Minister’s decision reasonable. The appeal court disagreed with the appellant’s argument seeking to set aside the ministerial order for being based on an irrelevant consideration or made for an improper purpose. The appeal court also rejected the appellant’s argument seeking to set aside the Domestic Movement Regulations, which took their authority from the ministerial order.

- Date: The hearing was set on Feb. 7, 2024. The court released its decision on Nov. 4, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded costs in an unspecified amount.

Federal Court of Appeal
A-135-23
Agricultural law
$ 0
Respondent
15 May 2023