Desbois v. Canada
T-3030-91
Joyal J.
27/9/93
7 pp.
Application for writ of certiorari and writ of mandamus against decision by Department of Fisheries and Oceans to impose limit of 85 metric tons of shrimp on applicant -- Quota imposed because applicant holder of two permits, shrimp fishing permit and mid-shore crab fishing permit -- S. 7 of Fisheries Act giving Minister discretionary power to grant fishing permits -- Applicant argued Act, s. 43 giving Governor in Council only power to impose conditions on fishing permits -- Act, ss. 7 and 43 and Atlantic Fisheries Regulations, 1985, s. 33 giving Minister discretionary power not only to issue fishing permits and licences but also to impose conditions on species and quantity of fish -- Administrative delegation of Governor in Council's power to Minister -- Refusal by Minister to depart from original decision to impose minimum quota on applicant decision allowed by discretionary power -- Application dismissed -- Fisheries Act, R.S.C., 1985, c. F-14, ss. 7, 43-Atlantic Fisheries Regulations, SOR/91-76, s. 33.