Federal Court quashes federal policy allowing transfer of salmon into fish farms without testing for contagious virus or consulting with Indigenous peoples

On Feb. 4, 2019, the Federal Court issued its reasons for judgment regarding certain decisions made by the Minister of Fisheries, Oceans and Canadian Coast Guard. The Court’s reasons were extensive, spanning roughly 200 pages.

At issue in Morton 2015 was a condition DFO had included in fish farms’ licenses to operate. This condition allowed the operator to itself authorize transfers if it deemed certain criteria were satisfied. The Court in Morton 2015 held that (i) this approach constituted an impermissible delegation of the Minister’s regulatory authority to fish farm operators, and (ii) s. 56(b) requires the Minister to take an approach consistent with the precautionary principle when considering transfer requests.

…Further, the Court considered that the health of wild Pacific salmon was (i) a relevant factor required to be taken into account but was not, and (ii) that not accounting for this was additionally contrary to the precautionary principle, which further rendered the Policy unreasonable. MORE

 

‘Drastic and scary’: Salmon declines prompt First Nation to take Canada to court over fish farms

In an unprecedented move, the Dzawada’enuzw nation is claiming in court that farming Atlantic salmon — which often carry disease — in their traditional waters constitutes a violation of Aboriginal rights

A salmon fish farm operates off the coast of the Broughton Archipelago near Vancouver Island. MYCHAYLO PRYSTUPA /THE GLOBE AND MAIL

Moon and other members of his community were in Vancouver Thursday to file an Aboriginal rights lawsuit against Canada that challenges federal fish farm licenses within their traditional territory in the Broughton Archipelago — the latest action in the nation’s escalating bid to revive shrinking Pacific salmon and eulachon stocks.

If successful, the lawsuit would not only close fish farms that affect the Dzawada’enuxw nation but could potentially be used by other First Nations to shut down salmon farms throughout B.C.’s coast, according to lawyer Jack Woodward, who is representing the Dzawada’enuxw [pronounced ‘tsa-wa-tay-nook’]. MORE

 

The Dzawada’enuxw First Nation files lawsuit against Canada on fish farms dispute

Dzawada’enuxw First Nation community members, including matriarchs, elected and traditional leaders, and artists, were in Vancouver Thursday to announce their decision to sue the Government of Canada.

At a press conference on Jan. 10, 2018, Chief Willie Moon, traditional leader of the Dzwada’enuxw Nation said the ‘zero tolerance’ policy for fish farms in their waters comes from the direction of their matriarchs and membership. Photo by Michael Ruffolo

The First Nation, from Kingcome Inlet, B.C., filed a statement of claim in federal court in Vancouver on Thursday, arguing the federal government authorized licenses for fish farms operating in their waters, without their consultation or consent.

The claim says the fish farm operations pollute and poison wild salmon and infringe on the nation’s constitutionally protected rights. Their case is the first ever rights-based challenge to the federal licensing process that fish farm companies rely on to operate along the coast of B.C. SOURCE