Neskonlith Band v. Canada ( Attorney General )
T-1497-97
Reed J.
8/8/97
12 pp.
Application for judicial review of four decisions of Regional Director-General Pacific Region of Department of Fisheries and Oceans-Decisions in question variation orders imposing limits on coho fishing-Applicants seeking to have decisions set aside as decision maker ignored, or took insufficient account of, Aboriginal rights-Respondent seeking order under Federal Court Act, s. 18.4(2), R. 1614, converting application for judicial review into trial of action, extending time to file materials to December 31, 1997-None of legal issues requiring application be turned into proceeding by action-Counsel for respondent arguing application for judicial review should be turned into action in order to adduce extensive expert evidence concerning conservation measures adopted by DFO, to demonstrate adequacy of measures-Extent to which evidence becomes significant depending on scope of duty respondent owes applicants-Of considerable concern, applicants' claim would be moot by time trial could be completed-Height of sports fishing season in late August, September-Orders being challenged not issued by respondent until July 2, 1997-Applicants would be denied remedy, even if successful, if procedure by trial of action imposed on them-Chose judicial review proceeding not only to avoid time delays attendant upon trial process but also to keep legal costs down-Respondent's motion dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.4(2) (as enacted by S.C. 1990, c. 8, s. 5)-Federal Court Rules, C.R.C., c. 663, R. 1614 (as enacted by SOR/92-43, s. 19).