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B.C.
In progress

Protecting wild salmon in B.C.’s Discovery Islands

Intervening in Mowi Canada West Inc v Minister of Fisheries, Oceans and the Canadian Coast Guard

May 3, 2021

Ecojustice lawyers — representing David Suzuki Foundation, Georgia Strait Alliance, Living Oceans Society, Watershed Watch Salmon Society, and independent biologist Alexandra Morton — are appearing before the Federal Court to support a decision by the Minister of Fisheries and Oceans to phase out salmon farms in B.C.’s Discovery Islands by 2022.

In December 2020, Minister Bernadette Jordan announced that all fish farms in the Discovery Islands would be phased out by June 2022, when their renewed 18-month licences expire, and no new fish would be transferred into the farms in the meantime. The Minister said the decision resulted from consultations with members of a few First Nations, who expressed concern about the impact of fish farms on wild salmon stocks.

In January 2021, four fish farm companies operating in the area filed a lawsuit challenging the Minister’s decision. In March, the Federal Court granted an injunction to two companies, Mowi and a numbered company, allowing them to apply to transfer fish into three open-net fish farms in the Discovery Islands despite the Minister’s announcement that there would be no more transfers in the area.

In June, Ecojustice lawyers argued in court again that another company should not be granted an injunction. This time, the Federal Court denied Cermaq’s request to transfer 1.5 million Atlantic salmon into open-net pens in the Discovery Islands, a major win for the depleted salmon stocks that migrate through the region.

In October 2021, we will intervene on behalf of our clients to support Minister Jordan’s decision in the main lawsuit on this matter, arguing that this decision is supported by a precautionary approach to the management and protection of wild salmon.

This case builds on a long history of Ecojustice efforts to protect wild salmon.

Ecojustice lawyers presented key evidence in the 2012 Cohen Commission, which concluded that salmon farms along sockeye migration route have the potential to introduce exotic diseases and exacerbate endemic diseases that negatively impact wild salmon. Ecojustice’s team has also previously represented Alexandra Morton in other cases, winning legal decisions to protect wild salmon from piscine orthoreovirus and increase government oversight of fish farms.

Phasing out fish farms would have significant positive impacts on migrating wild salmon populations and the environmental health of the Discovery Islands region, and would respond to the concerns that local First Nations raised in consultation.

What would a win mean?

If Ecojustice and its clients are successful, the Minister’s decision to phase out open-net fish farms in the Discovery Islands will be upheld and these farms — which create risks of spreading contagious diseases, viruses, and parasites to vulnerable wild salmon — will no longer operate in the region.

A victory would also set an important precedent for future cases, as the Federal government works to fulfill its promise to phase out open-net fish farming in B.C. by 2025.

Oct 2021
Salmon
press release

Environmental organizations, scientist, back in court to keep open-net fish farms out of Discovery Islands

Phase-out decision was made after First Nations raised concerns about the impact of salmon farms on declining wild salmon stocks VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH) AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES – Ecojustice lawyers are back in court this week and next to support former Fisheries and Oceans Minister Bernadette Jordan’s decision to phase out salmon farms in B.
Jul 2021
A fish's head pokes out of the water.
press release

Federal Court denies fish farm company’s injunction request to transfer fish into Discovery Islands, Ecojustice reacts

VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Skwxwú7mesh (SQUAMISH) AND səlil̓ilw̓ətaʔɬ/Selilwitulh (TSLEIL-WAUTUTH) TERRITORIES – The Federal Court has denied an injunction request from fish farm company Cermaq, which would have allowed the company to transfer 1.
Apr 2021
Adams River salmon run
press release

Federal court grants injunction to fish farm companies, Ecojustice reacts

VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH) AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES – In a disappointing decision, the Federal Court has granted an injunction to two fish farm companies, which will allow them to apply to transfer fish into three open-net fish farms in B.
Mar 2021
Salmon swim in shallow water. Large rocks make up the ground beneath them.
press release

Environmental organizations, scientist, in court to fight for fish farm phase out in Discovery Islands

VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH) AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES – On behalf of environmental organizations and an independent scientist, Ecojustice will be in court today to argue that aquaculture companies should not be allowed to transfer farmed fish into Discovery Islands fish farms, all of which are set to shutter by June 2022.
Jan 2021
A school of small fish swim close to the rocky floor under water.
blog

The latest on our efforts to protect wild salmon

Wild salmon are known to be natural navigators.
Dec 2020
sockeye salmon in a river
press release

Federal government announces 18-month phase out of fish farms in Discovery Islands, Ecojustice reacts

VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Skwxwú7mesh (SQUAMISH) AND səlil̓ilw̓ətaʔɬ/Selilwitulh (TSLEIL-WAUTUTH) TERRITORIES – In a significant victory for wild salmon and Indigenous rights, Canadian Minister of Fisheries and Oceans Bernadette Jordan announced today that the government intends to phase out existing fish farms in British Columbia’s Discovery Islands as well as ban new fish farms of any size.
Sep 2020
Pacific wild salmon spawning
press release

Failure to close open-net fish farms in the Discovery Islands puts wild salmon at increased risk

VANCOUVER – Kegan Pepper-Smith, Ecojustice lawyer, issued the following statement in regards to Minister of Fisheries and Oceans, Bernadette Jordan’s decision to keep open-net fish farms open in the Discovery Islands in British Columbia: “We are disappointed that Minister Jordan will not be closing open-net fish farms in the Discovery Islands as recommended in the.
Sep 2020
Adams River salmon run
press release

Ecojustice urges Minister of Fisheries and Oceans to close fish farms in the Discovery Islands

VANCOUVER – Ecojustice lawyer, Kegan Pepper-Smith made the following statement about the Cohen Commission’s recommendation for the Minister of Fisheries and Oceans to close open-net salmon farming in the Discovery Islands by September 30, 2020: “Prime Minister Trudeau made a commitment to Canadians that his government would implement all 75 of the Cohen Commission recommendations.
Nov 2019
An underwater view of a school of salmon swimming through blue water.
blog

Going to court to ensure fish farms are properly regulated

We’re in court this month to ensure that the provincial government of Newfoundland and Labrador is held to account for failing to properly regulate fish farms.
May 2018
A salmon lays on a rocky shore in shallow water.
blog

We need a modern Fisheries Act that will protect fish for generations to come

Fish habitat is essential for healthy fish populations, and by extension, for healthy fisheries.
Nov 2017
The face of a fish in shallow rocky water.
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Amendments to fishery regulations could put wild salmon at risk

In the past year, we have seen mounting evidence that a deadly disease known as heart and skeletal muscle inflammation (HSMI) is threatening salmon off the coast of British Columbia.
Oct 2016
A school of bright pink salmon collect together in the water.
blog

We’re going to court to protect wild salmon — again.

Taking the Minister of Fisheries and Oceans to court to protect wild salmon is nothing new for us.
Jun 2016
Salmon jump out of the water and make their way up a water fall.
blog

Save our salmon — get diseased fish out of Pacific Ocean

The government recently made an announcement that could critically impact wild salmon: Atlantic salmon on at least one farm off the BC.
Mar 2015
An underwater view of a school of salmon swimming in blue water.
blog

Canada’s wild fish need to be handled with care

Lawyers with Ecojustice have recently brought three court cases that touch on a profound problem with the aquaculture industry in Canada: Government agencies, companies, and professional bodies like the College of Veterinarians of B.