Aquaculture: Court Greenlights Salmon Farming Lawsuits Against Federal Government​, Ministers

Court ruling highlights federal disregard for credible science, activist-driven decisions, and significant economic harm to salmon farmers and aquaculture-related businesses in British Columbia.

By Fabian Dawson
SeaWestNews

The B.C. Supreme Court has rejected the federal government’s attempt to dismiss lawsuits filed by salmon farming companies over the closure of aquaculture operations in the Discovery Islands.​

Justice Lauren Blake ruled that the claims brought by Mowi Canada West Inc., Cermaq Canada Ltd., Allpen Diving Ltd., and James Walkus Fishing Co. Ltd. have sufficient merit to proceed.

The plaintiffs allege that former Fisheries Ministers Bernadette Jordan and Joyce Murray acted unlawfully and with political motivation when they decided not to renew licenses for open-net salmon farms in the Discovery Islands in 2020 and 2023 respectively.

The Discovery Islands are a group of islands located between the mainland coast of British Columbia and northern Vancouver Island, near Campbell River, where salmon farms have operated for over three decades with minimal impact to wild stocks.

But over the past decade, anti-fish farming activists have mounted a campaign claiming, without credible scientific backing, that these farms pose significant risks to wild salmon populations.

Despite numerous scientific assessments by Canada’s Department of Fisheries and Oceans (DFO), which consistently found minimal risk to wild salmon, the Trudeau-era Liberal Government succumbed to activist pressure, leading to controversial decisions to phase out open-net pen salmon farming in the Discovery Islands.

These actions, widely criticized by fisheries scientists, industry stakeholders, coastal communities, and many First Nations dependent on aquaculture, triggered multiple lawsuits.

Justice Blake’s ruling this week, allows the lawsuits to move forward, potentially setting a precedent for how governmental decisions impacting industries are scrutinized and challenged in court.

The outcome of these cases could also have far-reaching implications for the aquaculture sector and regulatory practices in Canada.​

The key highlights of the latest judgment include:​

• Standing of the Plaintiffs: The court affirmed that the salmon farming companies possess the legal standing necessary to pursue claims against the federal government. This determination allows the plaintiffs to seek redress for alleged grievances stemming from the government’s decisions regarding salmon farm closures.​
• Claims of Misfeasance and Negligence: The judgment recognizes that the plaintiffs have presented arguable claims pertaining to misfeasance in public office and negligence. Specifically, the court found sufficient grounds to consider whether the actions of the former Fisheries Ministers were conducted with improper intent or in a negligent manner, warranting a full examination during trial.​
• Procedural Fairness and Consultation: The court underscored the necessity of procedural fairness in governmental decision-making processes. It highlighted concerns regarding the adequacy of consultations with Indigenous communities and industry stakeholders prior to the implementation of the salmon farm closures, emphasizing that such consultations are integral to lawful administrative actions.​
• Economic Impact Considerations: The judgment acknowledged the significant economic implications of the salmon farm closures on the companies involved. The court deemed it appropriate to evaluate whether the government’s decisions adequately considered these economic impacts, suggesting that this issue merits thorough exploration during the forthcoming legal proceedings.​

As the Discovery Islands legal challenges continue in the courts, Ottawa is pressing forward with its controversial plan to phase out all ocean-based salmon farms in BC by 2029, a move made despite its own scientists stating that the salmon farms pose less than a one percent risk to wild stocks.

If enacted, the activist-induced ban would eliminate the province’s top agri-food export and destroy 4,560 jobs. Additionally, it’s projected to leave taxpayers liable for $9 billion in compensation to existing salmon farmers, suppliers, and First Nations.

BC’s salmon farmers and their First Nation partners have proposed an alternate plan that could generate $2.5 billion in output and sustain 9,000 jobs by 2040, providing sustainable local protein while protecting wild salmon using innovative technologies and practices.

Currently, farm-raised salmon generates over $1.17 billion for the BC economy, supporting 4,560 well-paid full-time jobs and is the province’s top agri-food export.

That is almost half of what the sector’s output was before the Trudeau-era Government aligned itself with the demands of anti-fish farming activists in BC.