Tag Archives: Federal Court of Appeal
Court won’t overturn decision to cut quota from N.S., N.B. elver licence holders
Three judges have delivered another blow to beleaguered commercial groups that fish for lucrative juvenile eels in the Maritimes, agreeing with a lower court ruling that upheld Ottawa’s 2022 decision to transfer a portion of their quota to First Nations without compensation. The Federal Court of Appeal heard arguments in the case last week in Halifax, and emerged with a decision that found the federal fisheries minister had “broad discretion” and had used it reasonably. Tien Nguyen, a pioneer in Canada’s fishery for young eels, also known as elvers, said he had hoped the judges would address the “absolute power” of the fisheries minister to make decisions that have enormous financial impact on licence holders. “It’s just like you build up the business, you struggle with it for a number of years, and when it’s finally successful, the government decided to take it away from you,” more, >>CLICK TO READ<< 15:40
Federal court dismisses DFO appeal of ruling in fisherman’s licence fight
The Federal Court of Appeal has dismissed an appeal by Fisheries and Oceans Canada against a federal court judgment involving a lobster fisherman’s charter rights on Friday. Parkers Cove lobster fisherman Dana Robinson, 60, has a disability that limits his ability to stand on a boat for long periods of time. He was operating his boat in the Bay of Fundy under a DFO provision that allows fishermen to designate a substitute operator once they provide adequate medical proof of their condition. The provision only allows the substitution for five years. An extension was denied in 2019. >click to read< 11:42
Canada (Fisheries and Oceans) vs. Ahousaht First Nation
The Federal Court of Appeal released a decision on September 24, 2014 in Canada (Fisheries and Oceans) v. Ahousaht First Nation, dismissing Fisheries and Oceans Canada (“DFO”)’s appeal against a Federal Court decision to grant various Nuu-chah-nulth First Nations applicants with an interlocutory injunction. Read the rest here 21:34
