Federal Court Denies Request to Review Non-Renewal of Licences for BC Fish Farms

A federal Court has denied a request from two First Nations and salmon farm operators to review the Canadian government’s decision to not renew licenses for 15 open-net Atlantic salmon farms in the waters off British Columbia.

Judge Paul Favel’s written ruling stated that former fisheries minister Joyce Murray’s decision in February 2023 to not renew the licenses for farms around B.C.’s Discovery Islands met the “requirement of the duty to consult” and did not violate the operators’ rights of procedural fairness.

Favel also noted that the federal decision, which was based on the uncertain risks posed by fish farms to wild salmon, was deemed “reasonable.”

The application for judicial review of the decision not to renew licenses was initiated by the Wei Wai Kum and We Wai Kai nations in the areas of Quadra Island and Campbell, located approximately 200 kilometers northwest of Vancouver, as well as salmon farm operators including Grieg Seafood.

The BC Salmon Farmers Association expressed disappointment with the outcome but remains optimistic about finding a collaborative solution with current Fisheries Minister Diane Lebouthillier.

In a written statement, the group Wild First, which opposes open-net fish farming, described the Federal Court decision as a “vindication” for Ms. Murray’s decision after engaging in thorough consultations with the industry, First Nations, and civil society.

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“She took the trouble to learn about the science that her department officials have been suppressing or ignoring and made the right call,” said Wild First campaign chairman Tony Allard. “We are indebted to her for taking decisive action to protect wild salmon.”

Court documents indicate that the First Nations raised concerns about the federal minister’s duty to consult, while salmon farm operators questioned the procedural fairness in Ms. Murray’s decision.

“The judicial review was initiated by We Wai Kai and Wei Wai Kum First Nations, in addition to Mowi Canada West, CermaqCanada, and Grieg Seafood, following former DFO minister Joyce Murray’s decision not to renew aquaculture licenses in the Discovery Islands region, situated within the core traditional territory of the Laich-kwil-tach and Klahoose peoples,” the statement from the BC Salmon Farmers Association explained.

Prime Minister Justin Trudeau’s mandate letter to Ms. Murray tasked her with developing a plan to transition away from open-net salmon farming in B.C. by 2025, a message reiterated in a similar letter to Ms. Lebouthillier.

So far, neither the fisheries Department nor the minister have released final transition plans for the 79 B.C. salmon farms.

The B.C. Salmon Farmers Association highlighted an analysis showing that the province could potentially lose over 4,700 jobs and up to $1.2 billion in economic activity annually if the licenses are not renewed.