'Namgis First Nation Wins Fisheries Dispute In Federal Court

'Namgis First Nation et al v. Canada (Minister of Fisheries, Oceans, and the Canadian Coast Guard) et al, 2019 FC 143

On Feb. 4, 2019, the Federal Court issued its reasons for judgment regarding certain decisions made by the Minister of Fisheries, Oceans and Canadian Coast Guard with respect to the process associated with authorizing the transfer of smolts (juvenile salmon) grown on land-based hatcheries into ocean-based fish farms.

Specifically, the Department of Fisheries and Oceans ("DFO") had an established policy of not testing for the presence of Piscine Orthoreovirus (PRV) or Heart and Skeletal Muscle Inflammation (HSMI) prior to issuing licences authorizing such a transfer (the "Policy"). DFO had reconsidered, but maintained, the Policy on several occasions.

'Namgis First Nation, alongside biologist Alexandra Morton, challenged the latest iteration of the Policy and additionally challenged a decision by DFO to issue a specific license pursuant to the Policy, authorizing a transfer of smolts to restock a particular fish farm situated in its territorial waters.

In the result, the Federal Court found the Policy to be...