By Rochelle Baker, Local Journalism Initiative Reporter CANADA91裸聊视频橲 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.91裸聊视频檚 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 region91裸聊视频檚 fish farm licences won91裸聊视频檛 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 91裸聊视频� 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.
Mowi91裸聊视频檚 statement of claim 91裸聊视频� with allegations not proven in court 91裸聊视频� accuses the former ministers of 91裸聊视频渕isfeasance in public office,91裸聊视频� negligence, expropriation stemming from unlawful conduct and a clear disregard for two prior Federal Court rulings, among other complaints.
A dollar amount wasn91裸聊视频檛 stipulated, but Mowi is seeking damages for a variety of reasons after 11 of its farms91裸聊视频� licences weren91裸聊视频檛 renewed.
However, Mowi91裸聊视频檚 claim alleges the decision 91裸聊视频渨iped out 30 per cent91裸聊视频� 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 ministers91裸聊视频� decision was taken without adequate notice or justification and had no rational basis under the Fisheries Act, the claim alleges.
91裸聊视频淭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,91裸聊视频� the claim reads.
The ministers were aware a fish farm production cycle from egg to harvest takes approximately five years and the decision91裸聊视频檚 timeline would harm operations, Mowi alleged.
Mowi also states it didn91裸聊视频檛 know Jordan91裸聊视频檚 consultations with area First Nations before the decision involved the possibility of phasing out the farms.
Fisheries and Oceans Canada91裸聊视频檚 (DFO) response to Mowi91裸聊视频檚 civil claim, filed Sept. 24 91裸聊视频� which has also not been tested in court 91裸聊视频� asserts the ministers91裸聊视频� decisions were made in good faith and in keeping with their 91裸聊视频渁bsolute discretion91裸聊视频� under the Fisheries Act.
91裸聊视频淢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,91裸聊视频� DFO91裸聊视频檚 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, DFO91裸聊视频檚 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 farms91裸聊视频� production involves a five-year cycle, regardless, Mowi only had one-year licences for its Discovery Islands sites, DFO91裸聊视频檚 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 minister91裸聊视频檚 office about possible economic impacts closing the farms might have on the local community, the response said.
Any of Mowi91裸聊视频檚 losses aren91裸聊视频檛 due to the ministers91裸聊视频� decisions but the company91裸聊视频檚 failure to plan for potential changes to the licence approval process or make necessary changes to its business, it said.
91裸聊视频淢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,91裸聊视频� the response said.
91裸聊视频淢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.91裸聊视频�
Mowi and two other international salmon farming companies, Cermaq and Grieg Seafood and two area First Nations launched another judicial challenge after Murray91裸聊视频檚 latest decision that is still underway.
However, Mowi91裸聊视频檚 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.
91裸聊视频淭his industry operates in public waters, and if they bully Canadians into the belief that we can91裸聊视频檛 stop them from operating how they like, the fish farms may potentially continue to have impacts on wild fish.91裸聊视频�
It91裸聊视频檚 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.
91裸聊视频淲e don91裸聊视频檛 see any of those costs reimbursed to Canadians or First Nations, but when they91裸聊视频檙e deprived of their licences, they have the gall to try to sue Canadians and taxpayers for potentially tens of millions of dollars.91裸聊视频�
No court dates had been scheduled in online records as of Wednesday.
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