Date: 19990526
Docket: A-677-96
CORAM: MARCEAU J.A.
DESJARDINS J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Appellant
- and -
DOUGLAS LLOYD MATTHEWS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Québec, Québec,
on Wednesday, May 26, 1999)
MARCEAU J.A.
[1] We are all of the view that this appeal brought against a decision of the Trial Division allowing an application for judicial review of a decision of the Minister of Fisheries and Oceans cannot succeed.
[2] We agree with the learned motions judge that in exercising the power conferred on him by section 7 of the Fisheries Act1 to issue at his "absolute discretion" a fishing licence, the Minister of Fisheries and Oceans may not do it by attaching to the licence limitations or conditions, the sole purpose of which is to impose sanctions for the applicant"s past behaviour. However largely expressed is the discretion given to the Minister to issue or not issue a licence, the qualifications that he may attach to a licence must necessarily be strictly aimed at furthering the objects for which his authority exists, namely the management of the fisheries and the conservation and protection of fish. The sole consideration in imposing qualifications within a renewed licence that sanctioning past violations of the licence holder may provide a deterrence that can indirectly help attain the objects of the Act is too indirect and remote to be seen as properly within the purview of the clear mandate given to the Minister. In our view, the learned motions judge was right when he wrote, at page 12 of his reasons:
| It may be that past compliance with terms of a licence by an applicant can be a relevant factor for the Minister"s consideration as an aspect of conservation when deciding whether to issue a licence, as it was in Everett , but s. 7 (the general licensing authority) may not be exercised for the primary purpose of penalizing an applicant. If the Minister wishes to impose a penalty against a person who has reportedly violated the Act, the Regulations, or the terms of his or her license, Parliament, by providing the penal provisions of the Act, has directed how that purpose is to be met, by prosecution under the Act. |
| Since, in my opinion, the decision here was clearly intended for the purpose of penalizing the applicant for violating conditions of his 1994 snow crab licence that decision is outside the scope of the Minister"s authority pursuant to s. 7. That section does not include the power to enforce penalties for offences for which prosecution is otherwise provided for under the Act . |
[3] We agree with the Trial Division that the decision of the Minister to reduce by three weeks the period of the licence issued to the respondent and to limit his quota allocation by 50% could not be allowed to stand.
[4] The appeal will be dismissed with costs.
"Louis Marceau"
J.A.
Date: 19990526
Docket: A-677-96
CORAM: MARCEAU J.A.
DESJARDINS J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Appellant
- and -
DOUGLAS LLOYD MATTHEWS
Respondent
Heard at Québec, Québec, on Wednesday, May 26, 1999.
Judgment rendered from the Bench on Wednesday, May 26, 1999.
REASONS FOR JUDGMENT OF THE COURT BY: MARCEAU J.A.
IN THE FEDERAL COURT OF APPEAL
Date: 19990526
Docket: A-677-96
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Appellant
- and -
DOUGLAS LLOYD MATTHEWS
Respondent
REASONS FOR JUDGMENT
OF THE COURT
__________________
1 R.S.C. 1985, c. F-