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Marine Harvest had informed 'Namgis First Nation in December on its intention to restock its Swanson Island farm in Spring.

Federal judge dismisses aboriginal people's bid against Marine Harvest

  (CANADA, 3/28/2018)

A federal court dismissed British Columbia native people's bid to prevent the restocking of an open-net salmon farm belonging to Marine Harvest in its British Columbia territories, off northern Vancouver Island.

Apart from the injunction against the company blocking the transfer of Atlantic salmon smolt to its Swanson Island farm, the 'Namgis First Nation had also applied for an injunction against the fisheries minister. These requests are part of a broader application for a judicial review of federal policy that does not require fish to be tested for piscine reovirus or heart and muscular disease before being transferred to a farm, The Canadian Press reported.

Justice Michael Manson issued a 41-page decision agreeing there is a "real and non-speculative likelihood of harm" to the 'Namgis way of life from fish-borne disease, but he rejected an injunction on the transfer of the smolts because of its timing.

He found Marine Harvest had informed the 'Namgis on December 21, 2017, that it intended to restock the Swanson Island farm in early spring.

The island is 460 kilometers (290 mi) in length and 80 kilometers (50 mi) in width at its widest point. The island is also inhabited by First Nation Canadian aboriginal peoples who are affiliated in tribal councils. Bands include the Haida, Salish, and Nisga'a, all examples of the Indigenous peoples of the Pacific Northwest Coast.
 

The application to halt the restocking was not filed until March 9, 2018, "mere days before the transfer was set to begin," Manson wrote, adding, the late notice prevented the company from finding room for the smolts in any of its other B.C. fish farms.

Marine Harvest testified smolts raised at a freshwater facility would be ready for transfer to salt water within a short window and any delay could be deadly, potentially costing the company CAD 2.1 million (USD 1.6 million) when loss of the smolts and costs of preparing other pens were tallied.

"Furthermore, the ('Namgis') delay in bringing this motion has exacerbated this problem, such that this harm can no longer be avoided," said Manson.

Court documents show that Marine Harvest has operated for 28 years in compliance with Fisheries and Oceans Canada (DFO) requirements for transferring fish and the ruling also said Marine Harvest has made "good faith" attempts at consultation with the First Nation.

In a statement, the company said it "will continue to seek engagement with the 'Namgis First Nation to find collaborative solutions and a pathway forward."

In relation to the 'Namgis application for the judicial review of federal policy on the testing of Atlantic salmon for diseases that could be passed to Pacific salmon, Manson´s decision was critical of Fisheries and Oceans, finding it had failed to consult with the 'Namgis about the policy and has no "supervisory control or objective criteria" regarding tests for disease in fish being transferred to open pens.
 
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