By Rochelle Baker, Local Journalism Initiative Reporter CANADA香蕉视频直播橲 NATIONAL OBSERVER
An international aquaculture giant is suing two former Canadian fisheries ministers for alleged damages from a federal decision to close fish farms in B.C.香蕉视频直播檚 Discovery Islands region.
Mowi Canada West, a subsidiary of the Norwegian seafood company, filed a civil suit in the Supreme Court of British Columbia in March against the Canadian government that personally names former fisheries ministers Bernadette Jordan and Joyce Murray.
The move follows a February decision by Murray confirming the region香蕉视频直播檚 fish farm licences won香蕉视频直播檛 be renewed to protect wild juvenile Pacific salmon migrating through the area.
The suit originates with a decision by Jordan in December 2020 to phase out fish farms by July 2022 in the Discovery Islands 香蕉视频直播� an area of concern identified in a 2012 report by the Cohen Commission, a body tasked with investigating the disappearance of Fraser River sockeye salmon.
Jordan cited consultations with First Nations as a key reason for the decision. Despite court challenges that followed, Murray finalized the decision noting the need to take a precautionary approach to protect endangered salmon.
Mowi香蕉视频直播檚 statement of claim 香蕉视频直播� with allegations not proven in court 香蕉视频直播� accuses the former ministers of 香蕉视频直播渕isfeasance in public office,香蕉视频直播� negligence, expropriation stemming from unlawful conduct and a clear disregard for two prior Federal Court rulings, among other complaints.
A dollar amount wasn香蕉视频直播檛 stipulated, but Mowi is seeking damages for a variety of reasons after 11 of its farms香蕉视频直播� licences weren香蕉视频直播檛 renewed.
However, Mowi香蕉视频直播檚 claim alleges the decision 香蕉视频直播渨iped out 30 per cent香蕉视频直播� of its business. It also refers to a former judicial review where the company alleged it faced $26 million in lost investment and the forced cull of 1.18 million fish.
The ministers香蕉视频直播� decision was taken without adequate notice or justification and had no rational basis under the Fisheries Act, the claim alleges.
香蕉视频直播淭he Fisheries Ministers engaged in deliberate and unlawful conduct in the exercise of public functions with the actual and constructive knowledge that the conduct was unlawful and would or was likely to injure Mowi,香蕉视频直播� the claim reads.
The ministers were aware a fish farm production cycle from egg to harvest takes approximately five years and the decision香蕉视频直播檚 timeline would harm operations, Mowi alleged.
Mowi also states it didn香蕉视频直播檛 know Jordan香蕉视频直播檚 consultations with area First Nations before the decision involved the possibility of phasing out the farms.
Fisheries and Oceans Canada香蕉视频直播檚 (DFO) response to Mowi香蕉视频直播檚 civil claim, filed Sept. 24 香蕉视频直播� which has also not been tested in court 香蕉视频直播� asserts the ministers香蕉视频直播� decisions were made in good faith and in keeping with their 香蕉视频直播渁bsolute discretion香蕉视频直播� under the Fisheries Act.
香蕉视频直播淢inister Jordan and Minister Murray acted, at all material times, lawfully, and within the scope of the statutory powers of their office, and in furtherance of their duties to manage, conserve, and develop fisheries on behalf of Canadians in the public interest,香蕉视频直播� DFO香蕉视频直播檚 response said.
Following the release of the Cohen Commission report and since 2016, Mowi fish farm licences have only been issued on a one-year basis rather than the previously granted five-year licences, DFO noted. Additionally, at that time, fish farms operating in other areas of the province were issued six-year licences.
Recommendation 18 of the Cohen report also says if the minister determines open-net pens in the region pose more than a minimal risk to migrating sockeye salmon, the sites should promptly be ordered to close, DFO香蕉视频直播檚 response noted.
Mowi may have structured its business on the predictable replacement of federal authorizations, DFO said. But the company was aware, or ought to have been, of the evolving licensing process in the environmentally sensitive region.
The company was also aware, or should have been, that ministers must consider any adverse effects a decision might have on the rights of Indigenous Peoples under the Fisheries Act, DFO said.
In 2019, B.C. also declared it would only grant tenures to fish farm operators that negotiated agreements with First Nations in whose territories they planned to operate.
While ministers are generally aware fish farms香蕉视频直播� production involves a five-year cycle, regardless, Mowi only had one-year licences for its Discovery Islands sites, DFO香蕉视频直播檚 response said.
DFO denies there was no notice or indication about the possibility of the 2020 Discovery Islands decision.
The federal government acted on and announced intentions to meet the Cohen Commission recommendations. There were also a minimum of four meetings between DFO and government staff and industry, including Mowi, in fall 2020 when it was noted licensing changes were being considered.
Mowi also communicated with DFO staff and the fisheries minister香蕉视频直播檚 office about possible economic impacts closing the farms might have on the local community, the response said.
Any of Mowi香蕉视频直播檚 losses aren香蕉视频直播檛 due to the ministers香蕉视频直播� decisions but the company香蕉视频直播檚 failure to plan for potential changes to the licence approval process or make necessary changes to its business, it said.
香蕉视频直播淢owi failed to mitigate the risks inherent in investing in a highly regulated industry by not adequately planning, financially and otherwise, for existing and future uncertainty and changes in the regulatory framework,香蕉视频直播� the response said.
香蕉视频直播淢owi could, by exercise of due diligence, have reduced the amount of any alleged loss, damage, or expense it says it suffered and now claims.香蕉视频直播�
Mowi and two other international salmon farming companies, Cermaq and Grieg Seafood and two area First Nations launched another judicial challenge after Murray香蕉视频直播檚 latest decision that is still underway.
However, Mowi香蕉视频直播檚 civil suit appears to be the first tied to the Discovery Islands trying to make the federal government and taxpayers pay for decisions by ministers with the authority to protect Canadian fisheries and oceans, said Stan Proboszcz, science adviser with Watershed Watch Salmon Society.
香蕉视频直播淭his industry operates in public waters, and if they bully Canadians into the belief that we can香蕉视频直播檛 stop them from operating how they like, the fish farms may potentially continue to have impacts on wild fish.香蕉视频直播�
It香蕉视频直播檚 absurd Mowi thinks it should be compensated for ministerial decisions affecting its bottom line but has never been financially accountable for any environmental impacts associated with operating open-net pen fish farms in B.C. waters, Proboszcz added.
Independent science shows fish farms amplify the threat of disease or parasites, such as sea lice, to threatened wild salmon stocks, he said.
香蕉视频直播淲e don香蕉视频直播檛 see any of those costs reimbursed to Canadians or First Nations, but when they香蕉视频直播檙e deprived of their licences, they have the gall to try to sue Canadians and taxpayers for potentially tens of millions of dollars.香蕉视频直播�
No court dates had been scheduled in online records as of Wednesday.
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