Jackson v. Canada ( Attorney General )
T-2622-96
Rothstein J.
21/8/97
9 pp.
Judicial review of Canadian Wheat Board's decision not to issue licence to export pedigree status seed wheat-In considering whether to characterize entity as federal board, commission or other tribunal, case law distinguishing between exercise of powers of public character, exercise of powers incidental to carrying on of business-Although character of corporation significant to analysis, character of powers being exercised determining whether decision-maker federal board, commission or other tribunal: Aeric, Inc. v. Chairman of the Board of Directors Canada Post Corporation, [1985] 1 F.C. 127 (C.A.)-Canadian Wheat Board Act, ss. 4(2), 5, 6(j), 7(2),(3), 18 indicating Board constituted as public entity-Board characterized as corporation with significant public aspects involving carrying out of government policy-Board's export licensing power at issue-Under Canadian Wheat Board Regulations, s. 14, Canadian Wheat Board Act, ss. 45, 46, Board granting export licences for purposes of carrying out government policy allowing export of wheat from Canada by persons other than Board if conditions specified in s. 14 satisfied-Regulatory power such as granting of licences public by nature-No ordinary corporation having power to regulate-Regulatory power hallmark of public, commercial activity-Board, when granting licences pursuant to s. 14, federal board within Federal Court Act, ss. 2, 18.1-Respondent submitting Act, s. 4(3), dealing with actions against Board in respect of any obligation incurred by it on behalf of Her Majesty, and allowing person to sue Board in any court that would have jurisdiction if not agent of Her Majesty i.e. provincial superior court, displacing judicial review-Presupposes Board incurring obligation-Essence of such proceeding private contractual dispute-Judicial review inappropriate procedure in such case-Licensing power not obligation incurred by Board-S. 4(3) not relevant-As to merits, applicant contending his wheat not under Board's jurisdiction-S. 2(2) providing words used in Canadian Wheat Board Act having same meaning as in Canada Grain Act-Under latter, "grain" defined as any seed designated by regulation as grain-Pedigree seed not referred to in regulations-As result, his wheat not designated as grain for purposes of Canada Grain Act, and by reason of Canadian Wheat Board Act, s. 2(2) not included as wheat under that Act-Wheat means wheat-Word not qualified-Intent to give Board monopoly over export of any, all wheat products from Canada-Necessary implication of s. 46(b) wherein Parliament granting Governor in Council regulationmaking authority to exclude any kind of wheat or any grade thereof from Board's monopoly under s. 45(a) that any and all wheat initially contemplated under s. 45(a)-Furthermore applicant's wheat designated under Canada Grain Act-Extra Strong Red Spring Wheat designated as grain under Regulations-That pedigree status graded under Canada Grain Act as No.1 or 2 not detracting from conclusion-That wheat to which Seeds Act applies not excluding that wheat from application of Canadian Wheat Board Act-No inconsistency between Seeds Act, Canadian Wheat Board Act-Application dismissed-Canadian Wheat Board Act, R.S.C., 1985, c. C-24, ss. 2(2), 4(2),(3), 5, 6(j), 7(2),(3), 18, 45, 46-Canadian Wheat Board Regulations, C.R.C., c. 397, s. 14 (as am. by SOR/95-338, s. 1)-Seeds Act, R.S.C., 1985, c. S-8-Canada Grain Act, R.S.C., 1985, c. G-10, s. 2 "grain" (as am. by R.S.C., 1985 (4th Supp.), c. 37, s. 1)-Canada Grain Regulations, c. 889, s. 6 (as am. by SOR/86-813, s. 1)-Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 (as am. by S.C. 1990, c. 8, s. 1), 18 (as am. idem, s. 4), 18.1 (as am. idem, s. 5).