Fishing association did not have standing to advance argument that Minister of Fisheries and Oceans breached its constitutional duty to consult with Indigenous stakeholders before making decision to geographically divide a lobster fishing area in Atlantic Ocean

27. December 2023 0
Administrative law – Decisions reviewed – Minister of Fisheries and Oceans – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Fisheries – Licences – Permits – Aboriginal issues – Government’s duty to consult Grand Manan Fishermens Assn., Inc. v. Canada (Attorney General), [2023] F.C.J. No. 1514, 2023 FC 1418, ...

The Applicant physiotherapy clinics successfully applied for interim relief in respect of the Regulation that would have delisted them from funding through the Ontario Health Insurance Plan. The Court ordered that the new Regulation would not take effect until the hearing of the Applicants’ judicial review application was decided on the merits.

24. September 2013 0
Administrative law – Government – Funding of programs – Health insurance – Physiotherapy – Government’s duty to consult – Policies – Legislation – Powers under legislation – Judicial review – Compliance with legislation – Natural justice – Legitimate expectations – Remedies – Interlocutory injunctions Amalorpavanathan v. Ontario (Minister of Health and Long-term Care), [2013] O.J. ...

The Federal Court Trial Division struck Treaty Seven First Nations’ application for judicial review of the introduction to Parliament of Bill C-7, First Nations Governance Act. Treaty Seven alleged that the Bill was introduced to Parliament without full and meaningful consultation with the First Nation members of the Confederacy of Treaty Six First Nations and the Confederacy of Treaty Seven First Nations and, as such, sought orders in nature of certiorari and mandamus.

27. May 2003 0
Administrative law – Aboriginal issues – Legislation – Government’s duty to consult – Procedural requirements – Judicial review application – No reasonable cause of action Treaty Seven First Nations v. Canada (Attorney General), [2003] F.C.J. No. 464, Federal Court of Canada – Trial Division, March 20, 2003, Gibson J. The Attorney-General of Canada brought an application ...

The Lax Kw’alaams Indian Band (the “Band”) brought an application seeking to set aside a permit issued by the Minister of Sustainable Resource Management and a declaration that the Minister owed a duty to the Band to consult with them prior to granting such a permit. The court found that the Minister had an obligation to consult and accommodate the Band with respect to the permit but dismissed the Petition on the basis that there was no evidence that such consultation and accommodation had not occurred in this instance.

27. August 2002 0
Administrative law – Logging permits – Aboriginal issues – Government’s duty to consult – Procedural requirements – Natural justice Lax Kw’alaams Indian Band v. British Columbia (Minister of Sustainable Resource Management), [2002] B.C.J. No. 1699, British Columbia Supreme Court, July 19, 2002, Maczko J. On April 30, 2002, the Minister of Sustainable Resource Management (the ...