Judicial review granted; decision-maker failed to address section 15 Charter arguments regarding MSO policy.
The applicant, an 82-year-old fisherman with a physical disability, sought judicial review of a decision by the Deputy Minister of Fisheries and Oceans denying an extension of his medical substitute operator (MSO) authorization.
The MSO allowed his son to operate his vessel while the applicant maintained full operational control from shore.
The Deputy Minister upheld a regional decision denying further extensions, citing a policy objective to prevent indefinite MSOs and a lack of lifelong rights under the Fisheries Act.
The Federal Court found the decision unreasonable because it failed to meaningfully engage with the applicant's argument that the policy's application discriminated against him on the basis of physical disability under section 15 of the Charter.
The matter was remitted for redetermination.
