Premature to consider motion to strike out application prior to completion of record

Federal court | Aboriginal Peoples

HUNTING AND FISHING RIGHTS

Premature to consider motion to strike out application prior to completion of record

Motion by Minister for order to strike out applicant’s application for judicial review of continuing course of conduct by Minister to issue salmon fishing licenses to First Nations communities under Economic Opportunities Fisheries program of Aboriginal Fisheries Strategy that permit them to sell fish they catch. Applicant was self-represented. Motion dismissed. It could not be said that application for judicial review clearly fell short of minimal threshold of being so bereft of any possibility of success that it should be struck out because case was without merit. It was premature to consider motion to strike out application prior to completion of record and clear identification of issues. Applicant’s submissions on current record were imprecise and variable.

Eidsvik v. Canada
(Minister of Fisheries and Oceans) (July 27, 2011, F.C., Mandamin J., File No. T-1352-10) 205 A.C.W.S. (3d) 1 (23 pp.).

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