Former Canadian fisheries minister Bernadette Jordan, whose decision to close 19 salmon farms in the Discovery Islands has been overturned by a court.

Courts ‘paying attention to science’ says pro-fish farming group

North American fish farming lobby group the Northwest Aquaculture Alliance (NWAA) is calling on policymakers in the Pacific Northwest to follow what it says is a growing body of evidence showing that fish farming in marine waters has little to no negative impact on marine life.

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The call follows a ruling by Canada’s Federal Court that the cancellation of fish farm leases in the Discovery Islands in British Columbia not only breached procedural fairness but also failed to follow the best available science as provided by nine separate Canadian government-commissioned studies.

“We are heartened by the fact that, yet another high court has rejected the outrageous and unproven claims of anti-fish farming, fearmongering activist groups,” said Jim Parsons, NWAA president and chief executive of shellfish farmer Jamestown Seafood, in a press release.

‘Absence of reasons’

“We are also heartened to see that, in her 66-page ruling, Justice Elizabeth Heneghan has singled out the ‘absence of reasons’ for the sudden, capricious, and harmful order delivered by former Fisheries and Oceans Minister Bernadette Jordan to shut down salmon farming in the Discovery Islands.”

Parsons, who is a former general manager of salmon-turned-trout-farmer Cooke Aquaculture Pacific, added: “This latest high court ruling follows on the heels of the Washington State Supreme Court’s landmark 9-0 ruling that essentially debunked the claims of anti-farming activists by allowing one of our member companies, Cooke Aquaculture Pacific, to farm Pacific steelhead trout in Washington State waters.

“Given this growing body of clear and convincing evidence that fish farming has little to no negative impact on marine life, we believe it is time for policymakers in our region to follow the science. For sure, the courts are paying attention.”

Closures ‘not intelligible’

The Canadian court ruling makes it clear that then-Minister Jordan disregarded her own government’s scientists, Parsons said, adding that the ruling points to a “failure of the Minister to provide reasons in her Decision of December 16, 2020,” which “amounts to a breach of procedural fairness. The consequences of the Decision in this case are significant and the Minister owed a duty to provide reasons,” writes Justice Heneghan. She makes it clear that the Discovery Island decision, “in the absence or reasons, cannot be justified. In the absence of reasons, it is not transparent. In the absence of reasons, it is not intelligible”.

“The scientific record and the courts are clear,” said Parsons. “The ill-informed and deep-pocket anti-fish farming activist groups that continue to use fear-mongering tactics are just plain wrong. Marine farms provide much needed locally produced healthy seafood, great jobs, much-needed rural economic benefits and should be celebrated, not vilified.”