McKay v. Canada ( Minister of Fisheries and Oceans )
T-1602-98
Wetston J.
11/12/98
6 pp.
Declarations-Motion to strike statement of claim in action for injunctive and declaratory relief respecting decision, policies and practices of Minister of Fisheries and Oceans allegedly resulting in creation of forms of private property in commercial groundfishery in Scotia-Fundy area by allocation of fish quotas-Application allowed in part-Injunctive relief sought by way of action inappropriate and can only be obtained by proceedings in judicial review-Accordingly, statement of claim portions seeking injunctive relief struck-In Carpenter Fishing Corp. v. Canada, [1998] 2 F.C. 548 (C.A.), F.C.A. left open possibility that party may attack by way of action discretionary policy guidelines and seek declaratory relief with respect to that challenge, but only for bad faith, nonconformity with principles of natural justice where application of those principles required by statute, and reliance upon considerations irrelevant or extraneous to statutory purpose-Plaintiff herein alleging irrelevant factors and extraneous considerations taken into consideration in determination of quotas.