Antonsen v. Canada ( Minister of Fisheries and Oceans )
T-840-95
Joyal J.
24/5/95
6 pp.
Application for mandamus requiring respondent hear and determine according to law applications by applicants Golden Alaska Seafoods Inc. and Supreme Alaska Seafoods Inc. for processing-at-sea licences under Coastal Fisheries Protection Regulations-Applicants also filing motion for injunction restraining respondent from issuing processing-at-sea licences until 30 days after respondent determined applications for licences to applicants-Allocation of fish to foreign fleets now based primarily on cooperation provided to Canada in management and conservation of fisheries resources -- Applicants submitting Minister of Fisheries and Oceans under duty to hear and determine application for licence under Coastal Fisheries Protection Act -- Reed J. holding Minister's refusal to grant processing-at-sea licences to U.S. flag ships for hake fishing season in 1994 unlawful -- Applicants fearing delay will prevent them from being able to challenge again adverse decision by Minister prior to 1995 hake fishing season -- As of April 28, 1995, Department yet to consider whether to issue at-sea processing licences to any of vessels -- Mandamus and injunctive relief by applicants premature -- Request for 30-day suspension to granting of licences after Minister had ruled on applicants' licences application also beyond purview of Court -- Matter of pure speculation -- Application dismissed -- Coastal Fisheries Protection Act, R.S.C., 1985, c. C-33 -- Coastal Fisheries Protection Regulations, C.R.C., c. 413.