Two major players in British Columbia's salmon farming industry have been given the green light to sue the Canadian government.
Mowi Canada West Inc. and Cermaq Canada Ltd. can proceed with lawsuits after B.C. Supreme Court judge Lauren Blake dismissed the federal government's attempt to strike down four notices of civil claim brought against two former fisheries ministers. In their claims, the aquaculture giants seek damages for what they argue was "severe economic harm," caused by “unlawful” decisions to shut down salmon farms in the Discovery Islands.
According to the April 4 ruling, Mowi, Cermaq, Allen Diving Ltd. and James Walkus Fishing Company Ltd. filed four different lawsuits. They allege former fisheries minister Bernadette Jordan and ex-federal fisheries minister Joyce Murray committed misfeasance, or misused their power in public office, during the federal government's decision process to remove open-net pen salmon farms.
Additionally, Mowi's lawsuit claims the government exercised negligence, negligent misrepresentation, and constructive taking. Similarly, Cermaq contends the government used abusive administrative action, negligence, negligent misrepresentation, and constructive expropriation.
The defendants, who include the Attorney General, Jordan and Murray, contend the four civil claims seek to relitigate matters already decided in court. They point to a federal judge's decision in June 2024, which rejected a claim from salmon farm companies and two First Nations that opposed the government's decision not to renew aquaculture licenses in the Discovery Islands. The decision is currently under appeal.
READ MORE: Conservation groups get ready for new appeal on Discovery Islands fish farm ban
The federal government also describes the claims as "thinly veiled attempts" to sidestep the consequences of the government's decisions, reads the ruling.
For the government to have succeeded in striking down the lawsuits, the judge had to conclude it was "plain and obvious" that the claims were "bound to fail" if brought to court. However, Blake determined that the companies could potentially prove that the ministers misused the court system and that the four court actions were more than attempts to avoid the consequences of the government's decisions.
"(The companies) have adequately pleaded that the ministers had knowledge, or at very least, were subjectively reckless or willfully blind to the unlawfulness of their conduct," Blake concluded.
"I have determined it is not plain and obvious that the claims for misfeasance in public office, negligence and negligent misrepresentation are bound to fail," Blake wrote in her decision. "I have determined it is plain and obvious that the claims for constructive taking and abusive administrative action are bound to fail."
"I trust the parties will be able to reach agreement, after reviewing these reasons for judgment, on which damages are now properly sought by the plaintiffs in each of the four notices of civil claim," Blake continued. "If not, the parties are to file a request to appear with Supreme Court Scheduling to reserve the appropriate time required to argue those issues."
None of the allegations in any of the claims have been proven in court. Fisheries and Oceans Canada does not comment on cases currently before the courts.
