DFO’s Owner-Operator Policy Successfully Challenged
In basic terms, DFO’s Owner-Operator Policy ("OOP") requires holders of that type fishing licence to fish the licence themselves. The rationale for the rule is to promote small scale fishermen and to prevent larger companies for accumulating multiple licences. In the case of Robinson v Attorney General of Canada , 2020 FC 942, Mr. Robinson, who suffered from a medical condition making it impossible for him to stand for more than a few hours at a time without suffering from throbbing and swelling in his legs, and therefore unable to personally fish his licence, argued that the OOP violated his equality rights under the Charter. The Federal Court concluded that the OOP was itself compliant with the Charter, but that in enforcing it, DFO is required to consider an individual's charter rights, concluding that: [ 90 ] I have concluded that the Decision engaged Mr. Robinson’s s 15(1) Charter equality rights as a person with a physical disability. This obliges the dec
