Marine Harvest wins BC court battle
MARINE Harvest Canada has won a legal tussle with the Namgis First Nation, who were trying to prevent the restocking of a salmon farm.
The move would have stopped the company transferring up to one million smolts to its Swanson Island farm in British Columbia, but was dismissed by the federal court.
According to a report in the Globe and Mail, 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.
The application to halt the restocking was not filed until March 9, 2018, ‘mere days before the transfer was set to begin’, Justice Manson wrote, adding the late notice prevented the company from finding room for the smolts in any of its other BC fish farms.
Marine Harvest has operated for 28 years in compliance with Fisheries and Oceans Canada requirements for transferring fish, court documents showed, 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.’
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