Bid to close fish farms could go to Supreme Court

Judith Lavoie
August 9, 2012
Times Colonist

A Vancouver Island First Nation is applying for permission to appeal to the Supreme Court of Canada in an effort to close down open net-pen fish farms in Broughton Archipelago.

The Kwicksutaineuk/Ah-Kwa-Mish First Nation initially launched the lawsuit based on claims of damage to wild salmon from sea lice from fish farms, but issues of deadly viruses and diseases from fish farms are now much wider, said Chief Bob Chamberlin.

"Our First Nation, that holds title, simply doesn't want this industry in our territory," he said. However, before arguing the salmon case, the First Nation has to be granted permission to act legally as a group.

The Supreme Court of B.C. in 2010 set aside a bar on aboriginal groups or collectives joining together for a class-action suit. But the provincial and federal governments challenged the ruling, and in May it was overturned by the B.C. Court of Appeal.

The First Nation has applied to the Supreme Court of Canada for leave to appeal that decision. If leave is granted, the Supreme Court will consider whether the First Nation -- and other aboriginal collectives -- will be allowed to file class-action proceedings.

"It's like saying a class action is for everyone except First Nations people," Chamberlin said of the B.C. Court of Appeal's decision.

Lawyer Reidar Mogerman, who is representing the First Nation, said a ruling on aboriginal class-action suits must be made before the rest of the case can proceed and that decision is likely to be at least a year away.

The implications could be felt across Canada, said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs. "Our First Nations across the country will be watching this case very, very closely."

Read the full story in the Times Colonist. 

Read related stories:

• Fisheries Information Service; August 10, 2012; "First Nation resorts to Supreme Court to protect wild salmon"
• Canadian Lawyer Magazine; August 9, 2012; "Can Aboriginal collectives win certification as a class in judicial proceedings?"
• Fish Update; August 9, 2012; "The Supreme Court of Canada is where the Kwicksutaineuk/Ah-Kwa-Mish First Nation (KAFN) of the Broughton Archipelago expect to continue their quest to protect the wild salmon in their Territory"
• Global TV; August 8, 2012 "First Nation bid to close fish farms may reach Canadian Supreme Court" includes video. 
• Vancouver Sun; August 8, 2012; "First Nation bid to close fish farms may reach Canadian Supreme Court" 
• CTV News; August 8, 2012; "B.C. First Nation taking fight against fish farms to Supreme Court of Canada"