B.C. farmed salmon suit moves forward

SeafoodSource Staff
November 25, 2009
SeafoodSource.com

The Kwicksutaineuk and Ah-Kwa-Mish First Nation (KAFN) on Wednesday applauded the British Columbia Supreme Court’s decision on Friday to dismiss a series of motions brought by the provincial government in a case involving salmon farms.

In February, KAFN filed a class-action lawsuit against the provincial government, claiming salmon farms have harmed wild salmon and their way of life. KAFN blames the government for the decline in pink salmon stocks by authorizing 29 salmon farms in the Broughton Archipelago area.

A week after the lawsuit was filed, the court ruled that the provincial government’s regulation of salmon farming is unlawful and that the federal government has jurisdiction over the industry. Fish inside farms are to be regulated as a fishery, not an agricultural crop, thereby eliminating any private rights to the waters in use, the court ruled.

“We are pleased with the court’s response,” said Bob Chamberlin, KAFN chief. “The efforts of the B.C. government had real potential to increase the damage to the salmon by delaying consideration of the merits of our case. It is a great relief to be on track to seek certification as a class action in early January.”

“In my view, there is a substantial risk that hearing the province’s preliminary motions in advance of the certification hearing could create unnecessary delay, duplication and expense,” said Judge Harry Slade. “This does not mean that the province is not able to advance their submissions in the appropriate forum — the certification hearing.”

Read the full story on SeafoodSource.com

Read the full B.C. Supreme Court decision. 

Read related stories:

Nation Talk; November 25, 2009; "BC Supreme Court Will NOt Delay KAFN Salmon Fishery Class Action Law Suit

Read background news stories on the class action law suit.