Lack of impartiality, the reason urges federal courts to cancel the phased abolition of BC fish farms

A federal court judge has set aside an order from the Ministry of Fisheries that will phase out aquaculture in the Discovery Islands of British Columbia.

Federal Court Judge Elizabeth Henegan said the order issued by then-Minister of Fisheries Bernadette Jordan in late 2020 owes procedural fairness to 19 fish farms that are expected to be closed by the end of June. He said in a ruling issued on April 22 that he had infringed his rights.

The fish farm operators Mowi CanadaWest, Cermaq Canada and Grieg Seafood have filed a judicial review of an order to prevent replenishment of the farm, claiming that they “did not show appreciation for the facts” for no reason. ..

Mr Henegan agreed that the order could not be justified, without transparency or comprehension, without a reason from the minister.

Henegan’s ruling supports the request for judicial review of fish farm operators, upholds an injunction permitting the replenishment of storks on Discovery Island, and sets aside the minister’s decision for the duration of the cost ruling.

The Fisheries Department and Minister Joyce Murray did not immediately respond to the request for comment.

Henegan’s decision also focused on issues such as the constitutional protection of indigenous peoples’ rights and respect for the precautionary principle, but the lack of procedural justice, while the submissions of interveners, including the David Suzuki Foundation and the Georgia Straits Alliance. It states that it did not address issues such as.

Mowi suffered a loss of about $ 26 million, fired at least 78 people, and revoked a local contract if forced to kill 1.18 million salmon smolts instead of moving to a farm on Discovery Island last year. He insisted that he was forced to do so.

Canadian press