Fishy decision goes back to court
The case originated with the complaint by a well-known anti-salmon farming activist that Marine Harvest had moved smolt to a marine fish farm from a hatchery that had been found to contain a virus that - according to the activist - could cause disease in wild Pacific salmon. The disease in question, Heart and Skeletal Muscle Inflammation (HSMI), has never been found in Canada, and the virus has been shown to exist in local waters prior to the arrival of salmon farms.
Marine Harvest Canada has issued a statement to explain why it will appeal the recent court decision:
Marine Harvest Canada has filed an appeal regarding the Federal Court’s recent decision concerning aquaculture regulations and the transfer of salmon from freshwater hatcheries to ocean-based farms. The company cites errors in fact and law as grounds for the appeal.
The appeal has been filed on a number of grounds, including significant factual errors Justice Rennie made in his findings. Contrary to his reasons for decision, the fish disease known as Heart and Skeletal Muscle Inflammation (HSMI) has never been detected in Canada, despite extensive testing of farm-raised and wild salmon. In addition, the piscine reovirus (PRV) is known to be a relatively common and benign fish virus that existed in BC before salmon farming.
In its appeal, the company says that Justice Rennie erred in law by not placing the evidentiary onus on the applicant to show that the aquaculture license conditions were unreasonable, and the judge applied the wrong standard of review, replacing the Minister of Fisheries’ view of what may be harmful with his own.
“These errors in law, and fact, leave us no choice but to appeal the decision,” states Clare Backman, Director of Public Affairs. “We agree that the health of the ecosystem is paramount, and continue to abide by a regulation that ensures the transport of healthy fish from our aquaculture facilities.”
The Minister of Fisheries and Oceans has also filed an appeal.
