Canada (Attorney General) v. Arsenault, 2009 FCA 300 (2009)

Date: 20091020

Docket: A-144-08

Citation: 2009 FCA 300

CORAM: BLAIS C.J.

NADON J.A.

PELLETIER J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Appellant and

ROBERT ARSENAULT, JOSEPH AYLWARD, WAYNE AYLWARD,

JAMES BUOTE, BERNARD DIXON, CLIFFORD DOUCETTE,

KENNETH FRASER, TERRANCE GALLANT, DEVIN GAUDET,

CASEY GAVIN, JAMIE PETER GAUDET, RODNEY GAUDET, TAYLOR GAUDET,

GAVIN, SIDNEY GAVIN, DONALD HARPER,

CARTER HUTT, TERRY LLEWELLYN, IVAN MACDONALD,

LANCE MACDONALD, WAYNE MACINTYRE, DAVID MCISAAC,

GORDON MACLEOD, DONALD MAYHEW, AUSTIN O’MEARA

Respondent s

Heard at Charlottetown , P.E.I., on June 10, 2009.

Judgment delivered at Ottawa , Ontario, on October 20, 2009.

REASONS FOR JUDGMENT BY: NADON J.A.

CONCURRED IN BY: BLAIS C.J.

CONCURRING REASONS BY: PELLETIER J.A.

Date: 20091009

Docket: A-144-08

Citation: 2009 FCA 300

CORAM: BLAIS C.J.

NADON J.A.

PELLETIER J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Appellant and

ROBERT ARSENAULT, JOSEPH AYLWARD, WAYNE AYLWARD,

JAMES BUOTE, BERNARD DIXON, CLIFFORD DOUCETTE,

KENNETH FRASER, TERRANCE GALLANT, DEVIN GAUDET,

PETER GAUDET, RODNEY GAUDET, TAYLOR GAUDET,

CASEY GAVIN, JAMIE GAVIN, SIDNEY GAVIN, DONALD HARPER,

CARTER HUTT, TERRY LLEWELLYN, IVAN MACDONALD,

LANCE MACDONALD, WAYNE MACINTYRE, DAVID MCISAAC,

GORDON MACLEOD, DONALD MAYHEW, AUSTIN O’MEARA

Respondents

REASONS FOR JUDGMENT

NADON J.A.

[1] This is an appeal from a decision of Blanchard J. of the Federal Court, 2008 FC 492, dated April 16, 2008, pursuant to which he ordered the Minister of Fisheries and Oceans (the “Minister”) to implement the 2006 Management Plan for Snow Crab Areas 12, 18, 25 and 26 (the “Management Plan”). More particularly, Blanchard J. ordered the Minister to pay to the respondents their share of the $37.4 million of financial assistance provided in the Management Plan for traditional crabbers.

[2] The main issue raised by this appeal is whether the Minister was bound by the Management Plan which he approved on March 30, 2006. In other words, did the Management Plan create rights which the respondents were entitled to enforce against the Minister? For the reasons that follow, that question should be answered in the negative.

THE FACTS

[3] The facts pertinent to this appeal can be summarized...

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