Wabanaki Fisheries Association et al. v. HMTK et al.
Wabanaki Fisheries Association
Richard Brooks
His Majesty the King in Right of Canada, as represented by the Minister of Fisheries, Oceans, and the Canadian Coast Guard
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Gwen MacIsaac

Fisheries and Oceans Canada (DDO)
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Gwen MacIsaac

Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Gwen MacIsaac

- Parties: The applicants were Wabanaki Fisheries Association and Richard Brooks. The respondents were His Majesty the King in Right of Canada, as represented by the Minister of Fisheries, Oceans, and the Canadian Coast Guard, Fisheries and Oceans Canada (DDO), and the Attorney General of Canada.

- Subject Matter: This judicial review application challenged a decision of the Minister of Fisheries, Oceans and the Canadian Coast Guard, which refused to issue elver licences and to open the Maritime Region elver fishery for the 2024 season. The application alleged that the decision breached the Crown’s fiduciary and constitutional obligations to the applicants and similarly situated Indigenous fishers under s. 35 of the Constitution Act, 1982; violated s. 2.4 of the Fisheries Act, 1985; and unreasonably and unjustifiably interfered with the applicants’ right to fish for a moderate livelihood under s. 35 of the Constitution Act, 1982. This case is ongoing.

- Date: The hearing was set on Nov. 7, 2024.

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

- Amount: No financial award was specified.

Federal Court
T-1875-24
Environmental law
$ 0
25 July 2024