Thibeault v. Canada ( Minister of Fisheries and Oceans )
T-341-95
Tremblay-Lamer J.
18/10/96
14 pp.
Motion to quash Minister of Fisheries and Oceans decision subjecting applicant's snow crab fishing licence to quota reduction-Applicant fisherman holding licence for 1994 authorizing him to fish for snow crab-Violation report prepared on July 12, 1994 charging him with violating Fishery (General) Regulations, s. 34(2) and Atlantic Fishery Regulations, s. 56(1) by dumping commercial-sized fish into sea and using untagged crab traps-Under Fisheries Act, ss. 7, 9, Director General, Quebec Region, of Department of Fisheries and Oceans reducing applicant's snow crab quota by 10,000 pounds for 1995-In Matthews v. Canada (Attorney General), [1997] 1 F.C. 206 (T.D.), it was held none of conditions in Fishery Regulations, s. 22 include imposition of sanctions for violating conditions of licence-Attempt by Minister to punish fisherman by subjecting renewal of licence to compliance with specific conditions contrary to spirit of Act, s. 7-Parliament provided for range of penalties that can be imposed by court of law offering all procedural safeguards of judicial process-Minister exceeded jurisdiction by using his discretion for purpose other than that intended by Parliament-His decision unreasonable-To determine whether administrative decision reasonable, necessary to consider bases on which made and origins thereof-Department's policy provides for certain standards to be met by officer in preparing violation package-No indication these standards met in case at bar-As no indication of bases on which sanction imposed, appears entirely arbitrary, patently unreasonable-Motion allowed-Fisheries Act, R.S.C., 1985, c. F-14, ss. 7, 9-Fishery (General) Regulations, SOR/93-53, ss. 22, 34(2)-Atlantic Fishery Regulations, 1985, SOR/86-21, s. 56(1).