Canada v. Ahousaht First Nation

The Federal Court of Appeal released a decision on September 24, 2014 in Canada (Fisheries and Oceans) v. Ahousaht First Nation, dismissing Fisheries and Oceans Canada ("DFO")'s appeal against a Federal Court decision to grant various Nuu-chah-nulth First Nations applicants with an interlocutory injunction.

This injunction prevented DFO from opening a commercial herring roe fishery on the west coast of Vancouver Island through the Minister's approval of an Integrated Fisheries Management Plan ("IFMP"). As the proposed opening for a commercial herring roe fishery was limited to a period between February 10 and April 30, 2014, the Federal Court of Appeal noted that there is no longer a live issue between the parties with respect to the injunction. The Federal Court of Appeal noted that if the Minister of Fisheries and Oceans once again approves an IFMP for 2015 over the objections of First Nations there will be another opportunity to litigate the issues that DFO sought to raise in this appeal. Furthermore, the parties are free to continue to litigate whether the Minister's decision to approve the 2014 IMFP should be set aside.

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