You are the Minister of Justice and Attorney-General of Canada.

Seaworthy Enterprises is a privately owned subsidiary of NB Power, the largest employer in New Brunswick. NB Power also owns and operates the processing and distribution chain of fisheries' products in the province, providing nearly one quarter of all fisheries products in Canada.

Seaworthy Enterprises was charged pursuant to the Fisheries Act for illegally catching, buying and selling over 95,000 lbs of fish. They are facing significant fines if convicted, fines that will make the company unviable.

The fish stock in New Brunswick is a carefully regulated and nationally important fish stock. It is vital to the province's economy.

Seaworthy has a minor history of contravening the Fisheries Act but has always maintained that it exercises due diligence to prevent a contravention of the Act. In one incident, the company terminated the senior management people who were responsible for the contravention.

It is your understanding from the company's press releases after the charge was laid that if this prosecution goes forward, the company will shut down, leaving thousands of people unemployed in the province's fishing industry.

The Minister of Fisheries and Oceans has expressed to you that any prosecution will lead to devastating job losses in the province and a serious interruption of the food supply chain. A majority of your Cabinet colleagues agree with the Minister of Fisheries and Oceans as they are concerned that the matter might be heard by a "law and order" judge who would not understand the impact of the decision on the economy of New Brunswick and the food supply chain.

As Attorney-General, you are considering your options and have contacted the Crown prosecutor who has not returned your phone call. You have the authority to issue a directive to the Director of Public Prosecutions in writing as long as you publish a notice in the Canada Gazette explaining your reason for doing so.

What do you do? Explain.

Make sure to:

1. Apply the hierarchy of public law rules

2. compare the roles and responsibilities of the executive, legislative and judicial branches of government

3. Evaluate the interaction between the three branches of government and the appropriate institutional relationships between them

*CANADIAN LAW ONLY*