Is a policy decision not in the nature of a legislative act?
Canada (Federal), Canada
The following excerpt is from Goodwin v. Canada (Attorney General), 2005 FC 1185 (CanLII):
As submitted by the respondent, describing a policy decision as being in the nature of a legislative act does not necessarily import principles of statutory construction to the analysis of the validity of that decision. However, even assuming that the presumption against retrospective effect applies to policy decisions, vested rights are not acquired in the context of fishing licenses, as a new license must be obtained each year: Tucker v. Canada (Minister of Fisheries and Ocean) (2000), 2000 CanLII 16544 (FC), 197 F.T.R. 66 at para. 18 (F.C.); Munroe, supra.
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