The appellant sought a writ of mandamus to compel the Minister to issue supplementary import permits for live chickens under the Export and Import Permits Act.
The Minister had refused the permits based on the availability of eviscerated chicken in Canada, despite policy guidelines suggesting permits would normally be issued if Canadian product was not offered at market price.
The Supreme Court of Canada dismissed the appeal, holding that section 8 of the Act confers a discretionary authority on the Minister.
The Court found that while the Minister may formulate general policy guidelines, these do not fetter his statutory discretion, which was properly exercised based on relevant considerations regarding market requirements.
