Shelburne Elver Limited v. Canada (Fisheries, Oceans and Coast Guard)
Shelburne Elver Limited et al.
His Majesty the King (Minister of Fisheries, Oceans and the Canadian Coast Guard)
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Sarah E. Drodge

- Parties: The appellant was Shelburne Elver Limited. The respondent was His Majesty the King (Minister of Fisheries, Oceans and the Canadian Coast Guard). The intervener was 3349659 Canada Inc. o/a Neptune Canada.

- Subject Matter: The Minister of Fisheries, Oceans and the Canadian Coast Guard decided to reduce the appellant’s quota for elver fishing in 2022 by 13.7 percent, compared with previous years, without financial compensation. The appellant filed a judicial review application challenging the Minister’s decision. The Federal Court dismissed the appellant’s application. This appeal challenged the Federal Court’s decision. Another elver fishing licensee – 3349659 Canada Inc., doing business as Neptune Canada – received leave to intervene in the present appeal.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court noted that the parties agreed on the standard of review applicable to this appeal. Regarding the decision’s reasonableness, the appeal court held that the Federal Court correctly pointed out that the statute conferred broad discretion to the Minister and found that the Minister reasonably exercised that broad discretion. The appeal court upheld the Federal Court’s conclusion that the Minister’s actions after changing the approach – including communicating the change, inviting submissions, and considering those submissions before making a decision – were procedurally fair.

- Date: The hearing was set on Nov. 14, 2024. The court released its decision on Nov. 14, 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-253-23
Environmental law
$ 0
Respondent
29 September 2023