David Hunt Farms Ltd. v. Canada ( Minister of Agriculture )
T-153-94
Cullen J.
10/3/94
20 pp.
Application for judicial review of respondent's decision to destroy two cattle owned by applicant-In 1986, disease affecting cattle in U.K. called "Bovine Spongform Encephalopathy" (BSE)-Applicant imported two cows from U.K. in 1988-Cattle without disease but might have been in contact with cow or thing with BSE-In 1990, Agriculture Canada discontinued issuing import permits for cattle from U.K.-Whether lack of jurisdiction as wording of notice and basis of decision outside statutory language-Whether decision-maker's exercise of discretion fettered by Canada's commitment to foreign trading countries that all cattle imported from U.K. ought to be destroyed-Standard of review herein whether jurisdiction correctly exercised-In Health of Animals Act, s. 48(1), Minister afforded great deal of discretion upon which to base decision to require destruction of animals-Basing decision on suspicion of contact not amounting to jurisdictional error-Court should avoid narrow, technical construction of statute and endeavour to give effect to legislative intent-No excess of jurisdiction-Decision based on general information about BSE, situation in U.K. and risks to Canadian cattle and exports-Consideration given to possibility animals may not be affected by disease, but not sufficient to change decision being made-Agriculture Canada admittedly took extremely cautious approach to risk of BSE outbreak in Canada, including decision to destroy all 270 cattle in Alberta herd-Crucial to decide who is decision-maker as regards to cattle-Agriculture Canada committed to killing all cattle imported from U.K.; this decision affecting applicant's cattle, not actions taken by inspector-Inspector (doctor) had no responsibility to decide and therefore, had no discretion which could be fettered by any policy decision of Minister; Minister took decision on recommendation of doctors-Suspicion of cows being in contact with animal or thing affected with or suspected to be affected with BSE not irrelevant consideration for decision-maker to take into account-Agriculture Canada entitled to do so given urgency and seriousness of situation and risks involved-Decision to destroy cattle made in good faith and in interest of public; factor outweighing property rights of applicant and decision should not be interfered with-Requirements of procedural fairness must be determined in context of given decision and having regard to circumstances surrounding decision-Minister acted within discretionary jurisdiction conveyed in s. 48(1) of Act-Application dismissed-Health of Animals Act, S.C. 1990, c. 21, s. 48(1).