James Rendell

This is an appeal from a Prothonotary's decision dismissing a motion by two First Nations to be added as respondents, or alternatively as interveners, in four applications for judicial review of a decision by the Minister of Fisheries, Oceans and the Canadian Coast Guard regarding aquaculture licenses in the Discovery Islands.

The Federal Court dismissed the appeal, finding no palpable and overriding error in the Prothonotary's decision that the First Nations were not directly affected by the outcome of the judicial reviews and that they had not established how their participation would assist in determining the issues before the Court.

The applicants, operators of salmon aquaculture facilities in the Discovery Islands, sought interlocutory injunctions to suspend a decision by the Minister of Fisheries, Oceans and the Canadian Coast Guard that prohibited the transfer of live fish to their sites.

The applicants argued the decision fettered the Minister's discretion under section 56 of the Fishery (General) Regulations.

The Court found there was a serious issue to be tried regarding whether the decision unlawfully fettered the Minister's discretion.

The Court also found the applicants would suffer irreparable financial harm and that the balance of convenience favoured granting the injunctions to allow specific transfer applications to be processed.