Canada (Attorney General) v. Ouellet
The Tribunal’s decision was set aside because the record shows the alleged event occurred in the course of transport and therefore constituted a violation of subsection 141(1) of the Health of Animals Regulations; the proper remedy is to remit the matter to the Canada Agricultural Review Tribunal for redetermination...
Source-derived case information.
- Citation
- 2010 FCA 268
- Parties
- Applicant: The Attorney General of Canada; Respondent: Steve Ouellet
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 October 2010
- Procedural Posture
- Judicial Review / Decision on Judicial Review by the Federal Court of Appeal
- Outcome
- Application for judicial review allowed; Tribunal decision set aside and matter remitted to the Canada Agricultural Review Tribunal for redetermination and penalty assessment.
- Legal Topics
- Judicial Review, Health of Animals Regulations, Transport of Animals, Penalty Assessment, Remittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Attorney General of Canada
Applicant
Steve Ouellet
Respondent
Procedural Posture
Judicial Review / Decision on Judicial Review by the Federal Court of Appeal
Legal Issues
- 1 Whether the Canada Agricultural Review Tribunal erred in its finding regarding the timing and location of the alleged event
- 2 Whether the alleged event occurred in the course of transport so as to constitute a violation of subsection 141(1) of the Health of Animals Regulations
- 3 Whether the appropriate remedy is to set aside the Tribunal decision and remit the matter for redetermination and penalty assessment
Ratio Decidendi
The Tribunal’s decision was set aside because the record shows the alleged event occurred in the course of transport and therefore constituted a violation of subsection 141(1) of the Health of Animals Regulations; the proper remedy is to remit the matter to the Canada Agricultural Review Tribunal for redetermination on that basis and for assessment of an appropriate penalty.
Court Disposition
Application for judicial review allowed; Tribunal decision set aside and matter remitted to the Canada Agricultural Review Tribunal for redetermination and penalty assessment.
Orders
- Application for judicial review allowed.
- The Canada Agricultural Review Tribunal’s decision is set aside.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Ouellet Court (s) Database Federal Court of Appeal Decisions Date 2010-10-13 Neutral citation 2010 FCA 268 File numbers A-67-10 Decision Content Federal Court of Appeal Cour d’appel fédérale Date: 20101013 Docket: A-67-10 Citation: 2010 FCA 268 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and STEVE OUELLET Respondent Hearing held at Montréal, Quebec, on October 13, 2010. Judgment delivered from the Bench at Montréal, Quebec, on October 13, 2010. REASONS FOR JUDGMENT OF THE COURT BY: TRUDEL J.A. Federal Court of Appeal Cour d’appel fédérale Date: 20101013 Docket: A-67-10 Citation: 2010 FCA 268 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Applicant and STEVE OUELLET Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on October 13, 2010) TRUDEL J.A. [1] We are of the view that the application for judicial review of the decision of the Canada Agricultural Review Tribunal (RTA60361) should be allowed. [2] It is clear from the Tribunal’s decision that the alleged event occurred in the course of transport, thus resulting in the violation. [3] Consequently, the Tribunal’s decision will be set aside, and the matter will be remitted back to the Tribunal for (a) redetermination on the basis that the respondent Steve Ouellet committed the violation under subsection 141(1) of the Health of Animals Regulations, C.R.C., c. 296; and (b) assessment of the appropriate penalty in this case. “Johanne Trudel” J.A. Certified true translation Michael Palles FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-67-10 STYLE OF CAUSE: AGC v. STEVE OUELLET PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 13, 2010 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. TRUDEL J.A. MAINVILLE J.A. DELIVERED FROM THE BENCH BY: TRUDEL J.A. APPEARENCES: Pascale-Catherine Guay FOR THE APPLICANT Steve Ouellet (On his own behalf) FOR THE RESPONDENT SOLICITORS OF RECORD: Myles J. Kirvan Deputy Attorney General of Canada FOR THE APPLICANT