Coulombe v. Canada ( Attorney General ) ,
T-949-98
Richard J.
8/5/98
12 pp.
Motion for interlocutory injunction directing Department to issue applicant conditions of latter's snow crab, herring and groundfish fishing licence for 1998 season, pending Court's decision as to validity and legality of Department's requirement (that conditions of applicant's fishing licence for 1998 season not be issued until applicant confirms in writing he has entered into agreement with certified at-sea observer company), subject of notice of application for judicial review-Application of tests developed in Metropolitan Stores (MTS) Ltd. v. Manitoba Food and Commercial Workers Local 832 and Labour Board (Man.), [1987] 1 S.C.R. 110: serious question to be tried, irreparable harm, balance of convenience and public interest-Whether Regulations authorizing Department to include condition in fishing licence requiring verification by observer of weight and species of any fish caught and retained, also requiring owner or master of fishing vessel to pay for expenses and costs of at-sea observer ($3,600)-Serious question to be tried-However, applicant not establishing applicant would suffer irreparable harm should relief not be granted-Concerning balance of inconvenience and public interest, in public interest that observers be able to perform duties and fishers take appropriate action allowing observers to perform duties-Motion dismissed-Fisheries Act, R.S.C., 1985, c. F-14, s. 7-Fishery (General) Regulations, SOR/93-53, ss. 22, 39, 46.