ADMINISTRATIVE LAW |
Judicial Review |
Keating v. Canada (Minister of Fisheries and Oceans)
T-1986-01
2002 FCT 1174, Heneghan J.
13/11/02
24 pp.
Judicial review of Minister's refusal to reinstate applicant's crab licence--Applicant argued respondent violated principles of natural justice in denying appeal--Minister of Fisheries and Oceans has absolute discretion over issuance of fishing licences--Discretion restricted only by requirements of natural justice--Whether respondent exercised discretion in accordance with requirements of natural justice--Respondent considered criticism from others in fishing industry in order to make decision--Not proper consideration in deciding how to exercise a statutory discretion--Decision-maker does not act fairly when basing decision on desire to quiet criticism of others--Letter from respondent not clearly demonstrating decision in question made without regard to irrelevant factor --Applying Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, natural justice requiring decision-maker to provide adequate reasons for decision-- Reasonable apprehension that respondent relied on extraneous and irrelevant matters in reaching decision--Requirements of natural justice not respected by respondent in making decision --Application for judicial review allowed--Decision of respondent quashed and matter remitted to respondent for consideration in accordance to requirements of natural justice.