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- Parties: The applicants were Hugh Akagi, Amkuwiposohehs Bassett (on behalf of the Peskotomuhkati Nation), and William Nicholas (on behalf of the Peskotomuhkati Nation). The respondents were His Majesty the King in right of Canada and the Minister of Fisheries and Oceans.
- Subject Matter: This judicial review application sought to set aside a decision of the Department of Fisheries and Oceans and the Canadian Coast Guard of Canada (DFO) or its Minister. The decision divided an area of the Atlantic Ocean known administratively as Lobster Fishing Area 37 (LFA 37) between two groups of non-Indigenous fishermen’s associations, namely the Grand Manan Fishermen’s Association and the Fundy North Fishermen’s Association, for the purpose of fishing lobster. The application asked the court to order the DFO to carefully assess the state of and trends in the lobster populations of Lobster Fishing Areas 36, 37, and 38 and to order the Crown to meaningfully consult with the Peskotomuhkati Nation with respect to its proposal to set aside LFA 37 as a marine protected area with a sustainable Peskotomuhkati food and commercial fishery. This case is ongoing.
- Date: The last hearing was set on February 24, 2025. As of September 2025, no decision has been made on the merits of the application.
- Venue: This was a federal case before the Federal Court.
- Amount: No financial award was specified.
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Applicant
Respondent
Court
Federal CourtCase Number
T-3131-24Practice Area
Administrative lawAmount
Not specified/UnspecifiedWinner
Trial Start Date
13 November 2024