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Injunction seeking to restock two Discovery Island fish farms fails in federal court

Cermaq Canada says it is disappointed by the decision
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The islands and channels of the Discovery Islands/Vancouver Island area are surrounded by peaks and mountains. Photo by Alistair Taylor/Campbell River Mirror

The federal court has dismissed an injunction Cermaq Canada filed in order to complete one last transfer of Atlantic salmon to its Brent Island and Venture point salmon farms.

In a statement issued July 6, Cermaq Canada said it is disappointed in the decision and disheartened by the discovery made during the injunction process that Fisheries Minister Bernadette Jordan decided to ignore the Department of Fisheries and OceansB次元官网网址 support of the transfer request.

B次元官网网址淎s an organization, we are perplexed by the decision from Department of Fisheries and Oceans Canada Minister Bernadette Jordan as salmon farming itself is in support of so many of both her, and Prime Minister TrudeauB次元官网网址檚 goals for the country B次元官网网址 from supporting wild salmon, to the creation of a strong Blue Economy, creating food security, furthering reconciliation, and helping Canada reach it carbon targets. We know that farm-raised salmon can help support all of those efforts,B次元官网网址 Cermaq Canada Managing Director David Kiemele says. B次元官网网址淲e are also surprised to see that the Minister has ignored her departments advice in favour of what we can only assume is a politically-driven agenda. Her recent decision to revoke 60 per cent of commercial fishing licenses in B.C. B次元官网网址 again blindsiding the commercial fishers in their own words B次元官网网址 shows her lack of understanding of rural coastal communities, First Nations rights and the reconciliation process, and the role that all seafood needs to play in order to support a growing global population.B次元官网网址

Documents obtained through the court process show that DFO staff reviewed CermaqB次元官网网址檚 request for two final Introduction and Transfer permits, and based on existing criteria and DFOB次元官网网址檚 own science, research and opinion, recommended that Minister Jordan approve the applications. Minister Jordan ignored this recommendation.

B次元官网网址淚nitially, we had believed that the Liberal government of Canada was one which built on the principals of inclusivity and was led by a belief and trust in Canadian-led research and science, as well as fundamental support for further truth and reconciliation in Canada. From where we stand today, it appears that the decisions coming from both Ottawa and Nova Scotia are not in fact supportive of these positions but are instead aimed at securing urban Liberal votes. Once again, a hardworking sector is blindsided and deemed unimportant in the face of an upcoming election,B次元官网网址 Kiemele says. B次元官网网址淭he inability of Minister Jordan to provide an adequate statement as to why she has denied our requests, to us, points to motives outside of science and social license and likely towards securing urban votes as we head into an anticipated late-summer election.B次元官网网址

These documents are available as they are part of the official court record, Cermaq says. Included with a media release was the internal Department of Fisheries and Oceans Canada (DFO) document, in which senior DFO leaders recommended that Minister Jordan approve the Introduction and Transfer permit and approve the requested extension.

The company says this decision will have long-reaching social and financial implications for employees, North Vancouver IslandB次元官网网址檚 small rural economy and dozens of local, independent suppliers, contractors, businesses, and service providers.

Cermaq Canada had been working with the Wei Wai Kum Nation B次元官网网址 in whose territory both the farms are located. In April, the Wei Wai Kum Council voted unanimously to support an agreement between the Nation and Cermaq. The agreement would have allowed for shared wild salmon conservation initiatives, an economic transition, capacity building, the creation of a Guardian program (Nation oversight of CermaqB次元官网网址檚 operations in its territory), and knowledge sharing. Cermaq says it will continue to work with the Wei Wai Kum Nation through a reconciliation process.

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Environmental organizations, meanwhile, praised the courtB次元官网网址檚 decision.

In response to the July 2 decision, the Executive Director of Georgia Strait Alliance Christianne Wilhelmson says, B次元官网网址淭odayB次元官网网址檚 dismissal of the injunction is a lifeline to struggling and migrating wild salmon and also a re-commitment to respecting First NationsB次元官网网址 concerns and leadership as the stewards of these lands and waters since time immemorial.

B次元官网网址淢inister JordanB次元官网网址檚 decision to immediately phase out Discovery Islands fish farms was based on consultation with First Nations in the area, concerned about the impacts of open-net farming within their traditional territories, and also on current science and the status of wild Pacific salmon stocks.

B次元官网网址淭he MinisterB次元官网网址檚 decision has now been upheld in a federal court several times. It is time for the aquaculture industry to get serious about transitioning fish farms from open net-pens to closed containment facilities on land, which donB次元官网网址檛 use marine ecosystems to dispose of waste and parasites or sidestep reconciliation with First Nations, but will instead revive the local salmon economy.B次元官网网址

In March of this year, Georgia Strait Alliance was one of a group of environmental organizations and fish farm opponent, Alexandra Morton, represented by Ecojustice, intervened in the judicial review, arguing that aquaculture companies should not be allowed to transfer farmed fish into Discovery Islands fish farms, all of which are set to shutter by June 2022.

In the coming months, Ecojustice and its clients will intervene again to support Minister JordanB次元官网网址檚 order to phase out all fish farms in the Discovery Islands by June 2022, which Cermaq and other fisheries are challenging in a separate judicial review.

Margot Venton, lawyer and nature program director at Ecojustice, said, B次元官网网址淓cojustice clients applaud the federal courtB次元官网网址檚 decision to deny CermaqB次元官网网址檚 injunction request and support MinisterB次元官网网址檚 JordanB次元官网网址檚 phase-out order. Fish farming companies may say the phase-out doesnB次元官网网址檛 give them enough time to plan for the future B次元官网网址 but wild salmon canB次元官网网址檛 wait.B次元官网网址

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Alistair Taylor

About the Author: Alistair Taylor

I have been editor of the Campbell River Mirror since 1989. Our team takes great pride in serving our community.
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