Namgis Nation protesters on the water near the Marine Harvest Swanson Island salmon farm. The Marine Harvest vessel “Orca Chief” in the background. Photo courtesy Alexandra Morton.
A bid by the Namgis First Nation to prevent the restocking of smolts at an open-net salmon farm off northern Vancouver Island has been lost in a federal court.
In a 41-page decision Monday morning, Justice Michael Manson said the timing of a proposed injunction against Marine Harvest by the Namgis Nation is the main reason it was rejected.
The application to halt Marine Harvest from transferring up to one million juvenile Atlantic Salmon to its Swanson Island farm was filed March 9, and Manson explained the late notice prevented the company from finding room for the smolts at any of its other B.C. farms.
Manson did agree there is a “real and non-speculative likelihood of harm” to the Namgis way of life from fish-borne disease, but the injunction was filed “mere days before the transfer was to begin.”
Marine Harvest had informed the Namgis Nation it intended to restock the Swanson Island farm, east of Alert Bay, in early spring on December 21.
The company testified there is a short window to transfer smolts from a freshwater facility to salt water and any delay could be deadly.
Marine Harvest said it would cost $2.1 million with the loss of smolts and the expense of preparing other pens.
Manson’s ruling said Marine Harvest has made “good faith” attempts to consult with the Namgis First Nation.
“Farm fish are killing our salmon, our way of life and there can be no reconciliation with First Nations as long as there are farm salmon in my territory,” says Namgis hereditary leader Ernest Alfred in a release following the ruling.
The First Nation is also applying for a judicial review of federal policy on the testing of Atlantic salmon that does not require fish to be tested for diseases that could be passed on to Pacific salmon.
Manson ruled another hearing must consider that application, saying a “judicial review should proceed as expeditiously as possible,”
With files from the Canadian Press.
Andy Neal
