E. Huang

The applicants sought judicial review of the provincial Minister of Natural Resources' decisions imposing quotas on yellow perch and walleye for their 2007 and 2008 commercial fishing licences.

They argued the statutory framework was an unlawful delegation of federal authority and that the Minister unreasonably fettered his discretion by adopting the Lake Erie Committee's recommendations.

The Divisional Court dismissed the application, finding the delegation lawful under established precedent and concluding the Minister's reliance on the international committee's expertise was reasonable and did not constitute an abdication of responsibility.

The applicants sought judicial review of the Minister of Natural Resources' decisions imposing quotas on yellow perch and walleye for their 2007 and 2008 commercial fishing licences.

They argued the delegation of power to the Minister was unlawful and unconstitutional, and that the Minister unreasonably fettered his discretion by adopting the recommendations of the Lake Erie Committee.

The Divisional Court dismissed the application, finding the delegation lawful under established jurisprudence.

The court also held that the Minister did not abdicate his responsibility and that his reliance on the international committee's expertise and recommendations was reasonable given the shared nature of the Lake Erie fishery.