FISHERIES |
Kwicksutaineuk/Ah-kwa-mish Tribes v. Canada (Minister of Fisheries and Oceans)
A-82-03
2003 FCA 484, Noël J.A.
18/12/03
4 pp.
Appeal from Trial Division decision ((2003), 227 F.T.R. 96) dismissing judicial review application brought by appellants (respondent issued licence authorizing Heritage Salmon Limited to kill seals with firearms in order to protect aquaculture site on Birdwood Island) on ground appellants did not have required standing to pursue application--Parties agree standing no longer issue, seek to have Court dispose of application on merits--Only question whether word "fishing" must involve intention to "harvest, use or exploit" any fish caught as appellant contends--Motions Judge found construction proposed by appellants "fishing" requiring intention to "harvest use or exploit" contrary to case law, contrary to purpose of Fisheries Act, and not supported by words of Act--No flaw in Motions Judge's analysis--Appeal dismissed--Fisheries Act, R.S.C., 1985, c. F-14.