Jones et Maheux c. Gamache

Jones et Maheux c. Gamache

The Canada Shipping Act confers permanent vested rights on licensed pilots that the pilotage authority may not modify by creating classes with unequal rights; therefore the by‑laws establishing such classes are ultra vires and invalid. The Exchequer Court had jurisdiction to grant declaratory relief, and such relief must be sought against the person who holds the statutory power (the Minister as pilotage authority), not the subordinate officials who lacked the legal authority to be proper defendants.

Citation
[1969] RCS 119
Parties
Respondent/plaintiff: Herman E. Gamache; Appellant/defendant (superintendent of Pilotage): D.R. Jones; Appellant/defendant (local Supervisor of Pilots): J.A. Maheux; Defendant/pilotage Authority: J.W. Pickersgill (Minister of Transport)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1968
Procedural Posture
Appeal and Cross Appeal (declaratory Action Challenging Pilotage by Laws) / Final Judgment by Supreme Court of Canada on Appeal From Exchequer Court
Outcome
Appeal and cross‑appeal allowed. By‑laws establishing pilot classes declared invalid. Action dismissed without costs as to Jones and Maheux. Costs in Exchequer Court awarded against the Minister. Trial judgment modified to remove alternative classification order.
Legal Topics
Pilotage, Delegated Legislation, Declaratory Relief, Vested Rights, Jurisdiction of Exchequer Court, Officer of the Crown
Source Language
French
Administrative Law Maritime Law Public Law Judicial Review Pilotage Delegated Legislation Declaratory Relief Vested Rights +2 more

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Parties

Herman E. Gamache

Respondent/plaintiff

D.R. Jones

Appellant/defendant (superintendent of Pilotage)

J.A. Maheux

Appellant/defendant (local Supervisor of Pilots)

J.W. Pickersgill (Minister of Transport)

Defendant/pilotage Authority

Procedural Posture

Appeal and Cross Appeal (declaratory Action Challenging Pilotage by Laws) / Final Judgment by Supreme Court of Canada on Appeal From Exchequer Court

Legal Issues

  1. 1 Whether the pilotage authority may validly create classes of pilots that alter rights of licensed pilots
  2. 2 Whether the by‑laws (orders in council amending pilotage by‑laws) are ultra vires the Canada Shipping Act
  3. 3 Whether the Exchequer Court had jurisdiction to grant declaratory relief

Ratio Decidendi

The Canada Shipping Act confers permanent vested rights on licensed pilots that the pilotage authority may not modify by creating classes with unequal rights; therefore the by‑laws establishing such classes are ultra vires and invalid. The Exchequer Court had jurisdiction to grant declaratory relief, and such relief must be sought against the person who holds the statutory power (the Minister as pilotage authority), not the subordinate officials who lacked the legal authority to be proper defendants.

Court Disposition

Appeal and cross‑appeal allowed. By‑laws establishing pilot classes declared invalid. Action dismissed without costs as to Jones and Maheux. Costs in Exchequer Court awarded against the Minister. Trial judgment modified to remove alternative classification order.

Orders

  • Strike from the Exchequer Court judgment the paragraph ordering classification of the plaintiff in the event classes were valid
  • Set aside the costs award against defendants Jones and Maheux