This case was heard in the Federal Court of Canada.

Mr. Russell, a member of the Labrador Métis Nation, initiated a private prosecution against the Province of Newfoundland and Labrador and a construction company, Johnson’s Construction Ltd., alleging that the accused had violated section 35 of the federal Fisheries Act by causing the harmful disruption or destruction of fish habitat. After Mr. Russell swore private Informations against the accused, the Attorney General stayed the prosecutions.

Mr. Russell then applied for judicial review of the Attorney General’s decision and argued, among other things, that the Attorney General had a duty to consult the Labrador Métis Nation before choosing to stay the prosecutions.

The Court held that the Attorney General did not have a duty to consult the Labrador Métis Nation before choosing to stay the prosecutions, and it also held that the Attorney General had acted within his jurisdiction and had not demonstrated any flagrant impropriety. The application for judicial review was therefore dismissed.

View the Decision on CanLII: https://www.canlii.org/en/ca/fct/doc/2005/2005fc939/2005fc939.html

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