Law360 Canada ( June 21, 2022, 5:46 AM EDT) -- Appeal by the Attorney General of Canada from the decision of the Federal Court allowing Robinson’s application for judicial review of a refusal to extend a medical substitute operator (MSO) exception on his fishing licence beyond five years. Under the Commercial Fisheries Licensing Policy for Eastern Canada, 1996 (1996 Policy), if a licence holder was unable to fish due to illness, a MSO could exercise the rights given under the licence for the balance of the term of the licence. An MSO exception was limited to five years. Robinson had a licence which authorized him to harvest lobster on the southwest coast of Nova Scotia. He obtained the licence in 2007 and fished it personally until 2009 when a medical condition prevented him from doing so. Robinson’s request for an MSO was approved every year until October 2015, when the Department of Fisheries and Oceans (DFO) informed him that his latest request for an MSO was approved to July 31, 2016, but further requests would not be approved. Robinson’s appeal to the Maritimes Region Licensing Appeal Committee (MRLAC) was refused, as was his further appeal to the Atlantic Fisheries Licence Appeal Board (AFLAB). He contended the five-year limit in the 1996 Policy was arbitrary, discriminatory and violated his Canadian Charter of Rights and Freedoms (Charter) s. 15(1) rights. Robinson brought an application for judicial review in the Federal Court to set aside the decision. The Federal Court allowed the application on the basis that the decision engaged Robinson’s Charter rights and remitted the decision to the Deputy Minister to conduct the balancing exercise. The Attorney General submitted the federal court judge erred in assessing whether the decision engaged s. 15(1) protections of the Charter against a correctness standard....