Association des crabiers acadiens Inc. v. Canada (Attorney General)

Association des crabiers acadiens Inc. v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-03-25
Neutral citation
2010 FCA 87
File numbers
A-285-09
Decision Content
Date: 20100325
Docket: A‑285‑09
Citation: 2010 FCA 87
CORAM: BLAIS C.J.
NADON J.A.
TRUDEL J.A.
BETWEEN:
ASSOCIATION DES CRABIERS ACADIENS INC., a company duly
incorporated under the laws of New Brunswick, JOËL GIONET,
in his personal capacity and in his capacity as President of the Association des crabiers acadiens inc., ASSOCIATION DES CRABIERS GASPÉSIENS INC.,
an incorporated association registered under the laws of Quebec,
MARC COUTURE, in his personal capacity and in his capacity as Administrator of the Association des crabiers gaspésiens inc., ASSOCIATION DES CRABIERS DE LA BAIE,
an unincorporated association registered under the laws of Quebec,
DANIEL DESBOIS, in his personal capacity and in his capacity as Administrator of
the Association des crabiers de la Baie, and ROBERT F. HACHÉ
Appellants
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Montréal, Quebec, on March 25, 2010.
Judgment delivered from the Bench at Montréal, Quebec, on March 25, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20100325
Docket: A‑285‑09
Citation: 2010 FCA 87
CORAM: BLAIS C.J.
NADON J.A.
TRUDEL J.A.
BETWEEN:
ASSOCIATION DES CRABIERS ACADIENS INC., a company duly
incorporated under the laws of New Brunswick, JOËL GIONET,
in his personal capacity and in his capacity as President of the Association des crabiers acadiens inc., ASSOCIATION DES CRABIERS GASPÉSIENS INC.,
an incorporated association registered under the laws of Quebec,
MARC COUTURE, in his personal capacity and in his capacity as Administrator of the Association des crabiers gaspésiens inc., ASSOCIATION DES CRABIERS DE LA BAIE,
an unincorporated association registered under the laws of Quebec,
DANIEL DESBOIS, in his personal capacity and in his capacity as Administrator of
the Association des crabiers de la Baie, and ROBERT F. HACHÉ
Appellants
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on March 25, 2010)
NADON J.A.
[1] In the circumstances of the case and taking into account the scope of the request for production of materials in the appellants’ motion, this Court is of the opinion that although it cannot fully subscribe to the reasoning of Prothonotary Morneau, he did not err in law or err in his appreciation of the facts in making his decision. In other words, we are not satisfied that the Prothonotary was clearly wrong or applied a wrong principle in exercising his discretion.
[2] This Court is also of the opinion that the Prothonotary’s decision does not in any way raise a question determinative of the outcome of the case. Accordingly, Justice Harrington was correct not to intervene.
[3] For these reasons, the appeal will be dismissed with costs.
“M. Nadon”
J.A.
Certified true translation
Sarah Burns
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A‑285‑09
STYLE OF CAUSE: ASSOCIATION DES CRABIERS ACADIENS INC. v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 25, 2010
REASONS FOR JUDGMENT OF THE COURT BY: Blais C.J.
Nadon J.A.
Trudel J.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
Patrick Ferland
FOR THE APPELLANTS
Ginette Mazerolle
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Heenan Blaikie
Montréal, Quebec
FOR THE APPELLANTS
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT