Aquaculture

Clock is ticking for Canada to appeal court's Discovery Islands salmon farm ruling

Environmental groups and several First Nations stand behind closing Discovery Islands farming by June, but a federal ruling could change that.

Fisheries and Oceans Minister Joyce Murray in February said Canada was investing CAD$11.8 million to support First Nations commercial fisheries enterprises. The event was held at St. Jean’s Cannery in Nanaimo.
Fisheries and Oceans Minister Joyce Murray in February said Canada was investing CAD$11.8 million to support First Nations commercial fisheries enterprises. The event was held at St. Jean’s Cannery in Nanaimo.Photo: Joyce Murray

Canada Fisheries Minister Joyce Murray has about a month to appeal a federal court ruling handed down last week that invalidates the prior fisheries minister's decision to shutter 19 salmon farms in British Columbia's Discovery Islands by June of this year.

On April 22, a federal judge ruled former Fisheries Minister Bernadette Jordan violated procedural fairness last December when she issued a mandate phasing out all salmon farming operations in Discovery Islands.
"Minister Murray is aware of the court's ruling in the case and will be making a decision on next steps in due course," Murray's Press Secretary Claire Techman told IntraFish Wednesday. "She remains committed to transitioning away from open netpen salmon farming in coastal British Columbia waters."

It still remains unclear how the decision impacts the companies moving forward, and what they would be required to do to reopen operations in Discovery Islands.

Techman pointed out the former minister's decision to phase out fish farms in the Discovery Islands was based on consultations with local First Nations, but would not comment further on how that aspect of decision would be impacted by the ruling.

Lawyers representing several of Canada's First Nations in the federal review case stood staunchly in favor of the decision to phase out salmon farming in British Columbia's Discovery Islands this June.

They said the former minister's obligations to close Discovery Islands fall under the The UN Declaration on the Rights of Indigenous Peoples (UNDRIP), a policy Canada declared a public commitment to in 2016.

Prior to making her decision last December, the former minister consulted with representatives from the aquaculture sector and First Nations groups who have traditional territories in the area, including the Homalco, Klahoose, K’ómoks, Kwaikah, Tla’amin, We Wai Kai (Cape Mudge) and Wei Wai Kum (Campbell River) First Nations.

The majority of those First Nations have said they want the salmon farms removed from their territories.

Last year, leaders from the Wei Wai Kum and Wei Wai Kai First Nations opposed the minister's actions, and have publicly stated their dissatisfaction with her consultation with their Nations.
In a report released quietly last summer, Canada's Department of Fisheries and Oceans Canada (DFO) detailed its discussions with both industry and First Nations participants that led to the decision to end conventional salmon farming in the province -- a decision that will have massive financial consequences for salmon farmers Mowi, Grieg Seafood and Mitsubishi-owned Cermaq.
The report shows a wide range of First Nations positions on salmon farming and illustrates the complexity of the debate over the future of aquaculture in the province.
Michelle Franz, manager of communications, partnership and community for the BC Salmon Farmers, told IntraFish the ruling was a positive development for the industry, and that the association would be reaching out to First Nations in territories where Grieg, Cermaq and Mowi operate to review it.

A coalition of environmental organizations and individuals---Alexandra Morton, David Suzuki Foundation, Living Oceans Society, the Georgia Strait Alliance, and Watershed Watch Salmon Society--represented by charity law firm Ecojustice intervened in this case to support the phase out.

They are asking the current minister to stick to Jordan's plan to phase out Discovery Islands in a few months and transition completely away from netpen farms to land-based systems by 2025.

“The aquaculture licenses issued for the Discovery Islands expire in June 2022. Nothing in this Federal Court decision prevents the Minister from refusing to issue new licenses for the Discovery Islands again provided she does so through a transparent decision-making process and with clear written reasons for her decision,” said Ecojustice Lawyer Margot Venton.

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Published 28 April 2022, 07:00Updated 28 April 2022, 07:00
First NationsBernadette JordanBritish ColumbiaMowiGrieg Seafood