By Rochelle Baker, Local Journalism Initiative Reporter CANADAB次元官网网址橲 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.B次元官网网址檚 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 regionB次元官网网址檚 fish farm licences wonB次元官网网址檛 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 B次元官网网址� 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.

MowiB次元官网网址檚 statement of claim B次元官网网址� with allegations not proven in court B次元官网网址� accuses the former ministers of B次元官网网址渕isfeasance in public office,B次元官网网址� negligence, expropriation stemming from unlawful conduct and a clear disregard for two prior Federal Court rulings, among other complaints.

A dollar amount wasnB次元官网网址檛 stipulated, but Mowi is seeking damages for a variety of reasons after 11 of its farmsB次元官网网址� licences werenB次元官网网址檛 renewed.

However, MowiB次元官网网址檚 claim alleges the decision B次元官网网址渨iped out 30 per centB次元官网网址� 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 ministersB次元官网网址� decision was taken without adequate notice or justification and had no rational basis under the Fisheries Act, the claim alleges.

B次元官网网址淭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,B次元官网网址� the claim reads.

The ministers were aware a fish farm production cycle from egg to harvest takes approximately five years and the decisionB次元官网网址檚 timeline would harm operations, Mowi alleged.

Mowi also states it didnB次元官网网址檛 know JordanB次元官网网址檚 consultations with area First Nations before the decision involved the possibility of phasing out the farms.

Fisheries and Oceans CanadaB次元官网网址檚 (DFO) response to MowiB次元官网网址檚 civil claim, filed Sept. 24 B次元官网网址� which has also not been tested in court B次元官网网址� asserts the ministersB次元官网网址� decisions were made in good faith and in keeping with their B次元官网网址渁bsolute discretionB次元官网网址� under the Fisheries Act.

B次元官网网址淢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,B次元官网网址� DFOB次元官网网址檚 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, DFOB次元官网网址檚 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 farmsB次元官网网址� production involves a five-year cycle, regardless, Mowi only had one-year licences for its Discovery Islands sites, DFOB次元官网网址檚 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 ministerB次元官网网址檚 office about possible economic impacts closing the farms might have on the local community, the response said.

Any of MowiB次元官网网址檚 losses arenB次元官网网址檛 due to the ministersB次元官网网址� decisions but the companyB次元官网网址檚 failure to plan for potential changes to the licence approval process or make necessary changes to its business, it said.

B次元官网网址淢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,B次元官网网址� the response said.

B次元官网网址淢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.B次元官网网址�

Mowi and two other international salmon farming companies, Cermaq and Grieg Seafood and two area First Nations launched another judicial challenge after MurrayB次元官网网址檚 latest decision that is still underway.

However, MowiB次元官网网址檚 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.

B次元官网网址淭his industry operates in public waters, and if they bully Canadians into the belief that we canB次元官网网址檛 stop them from operating how they like, the fish farms may potentially continue to have impacts on wild fish.B次元官网网址�

ItB次元官网网址檚 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.

B次元官网网址淲e donB次元官网网址檛 see any of those costs reimbursed to Canadians or First Nations, but when theyB次元官网网址檙e deprived of their licences, they have the gall to try to sue Canadians and taxpayers for potentially tens of millions of dollars.B次元官网网址�

No court dates had been scheduled in online records as of Wednesday.

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