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Judicial review of Minister's decision to close elver fishery for conservation and safety reasons dismissed.
The applicants sought judicial review of a decision by the Minister of Fisheries, Oceans and the Canadian Coast Guard to issue a Fisheries Management Order closing the elver fishery for 45 days.
The Minister's decision was prompted by significant levels of unauthorized fishing leading to conservation and safety concerns.
The Federal Court held that the decision was policy or legislative in nature, and as such did not attract a duty of procedural fairness.
Finding no evidence of bad faith, irrelevant considerations, or unreasonableness in the Minister's exercise of discretion, the Court dismissed the application for judicial review.
