FISHERIES
Appeal, cross-appeal from Federal Court decision ((2005), 267 F.T.R. 1) rejecting allegations Crown liable in tort, upholding validity of Coastal Fisheries Protection Regulations, C.R.C., c. 413, but awarding damages of $137,052.57 with interest—Acting under authority of Regulations, Canadian fisheries officers, RCMP arrested Spanish fishing vessel Estai on high seas, forced it to proceed to Saint John’s, Newfoundland, laying charges against master, vessel for fishing “straddling stock” in “Regulatory Area”—Charges later withdrawn—(1) Cross-appeal dismissed—Case law pertaining to legal consequences of declaration of invalidity of legislation reviewed—Arrest of Estai lawful as arresting officers acting under valid authority at time, had de facto authority to so act—Allegation Regulations not enacted for purpose authorized by enabling statute not allegation of recklessness, bad faith—Absent allegation of bad faith, recklessness, motivation in enacting Regulations irrelevant—Prohibition against Spanish, Portuguese ships from fishing Greenland halibut in NAFO Regulatory Area conservation measure within authority conferred upon Governor in Council by enabling legislation—(2) Appeal allowed—Having dismissed action, no basis to award damages.
Jose Pereira E Hijos, S.A. v. Canada (Attorney General) (A-430-05, 2007 FCA 20, Nadon J.A., judgment dated 12/1/07, 47 pp.)