Digests

Decision Information

Decision Content

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).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.