Ecology Action Centre Society v. Canada (Attorney General), 2004 FC 1087 (CanLII)

This case was heard in the Federal Court of Canada.

The Ecology Action Centre (“EAC”) applied for judicial review of a Variation Order that had been issued by the Regional Director-General of the federal Department of Fisheries and Oceans. The Variation Order revoked a close time and, in doing so, permitted draggers to operate in the area of Georges Bank. The EAC argued that the Variation Order was therefore in violation of section 35 of the federal Fisheries Act, which prohibited “harmful alteration, disruption or destruction of fish habitat.”

The Court determined that the appropriate standard by which to review the Regional Director-General’s Order was the reasonableness standard, and, after considering the case, it held that the Order was not unreasonable. The EAC’s application for judicial review was therefore dismissed.

To read related decisions, go to Ecology Action Centre Society v. Canada (Attorney General), 2001 FCT 1164 (CanLII) and Ecology Action Centre Society v. Canada (Attorney General), 2002 FCT 1309 (CanLII).

View the Decision on CanLII: https://www.canlii.org/en/ca/fct/doc/2004/2004fc1087/2004fc1087.html

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