Justice Cecily Strickland says she acknowledges the risk associated with increasing quotas in the offshore cod fishery, including sustainability measures. (Submitted by Beatrice Powell)
A federal court has ruled against the Fish, Food and Allied Workers union’s attempt to prevent the reopening of the commercial northern cod fishery.
In July 2024, the FFAW requested a judicial review of the federal fisheries departments’ decision to reopen the northern cod fishery with a total allowable catch of 18,000 tonnes.
Later, the FFAW requested an injunction against federal Fisheries Minister Diane Lebouthillier’s decision, made in June, to allocate 18,000 tonnes of cod for Canadian harvesters, and 1,080 tonnes for the offshore sector.
Yesterday, the court denied the request for an injunction, stating that FFAW failed to demonstrate that irreparable harm.
Justice Cecily Strickland acknowledged the seriousness of the issues surrounding the sustainability of the northern cod fishery raised by the FFAW.
In the decision, Strickland also acknowledged the risks associated with quota increases and offshore trawling, including over fishing and stocks re-entering the critical zone.
“Ultimately, I conclude that what the evidence in the records before me establishes is that increased quotas (onshore or offshore) means an increase in the risk of the northern cod stock re-entering the critical zone. Further, that offshore trawling creates a greater risk of overfishing than inshore fisheries methods, if quotas are set too high and if sustainability measures such as monitoring and net size are not in effect,” said Strickland.
“But this does not establish that irreparable harm will be incurred by the applicants or the stock if the offshore fleet harvests its 2024 TAC allocation of 1,081 [tonnes] between now and the determination of the underlying application for judicial review.”
DOCUMENT | Read the full Federal Court decision:
The court document explains that the applicant must present clear and non-speculative evidence that the motion would cause irreparable harm. However, Strickland notes that they have already harvested 98 per cent of their increased total allowable catch allocation this year, which undermines the FFAW’s argument that DFO’s decision would harm their ability to catch fish.
The judicial review will be heard sometime in early 2025.
In a statement, FFAW-Unifor president Greg Pretty said that while he is disappointed by the outcome, he is encouraged by the court’s recognition of the union’s concerns.
“This ruling underscores the need for a thorough review of the minister’s decision-making process regarding the northern cod fishery,” said Pretty.
Atlantic seafood company, Ocean Choice International, said in a statement it applauds yesterday’s ruling.
In the statement, OCI president Blaine Sullivan said the decision to reopen the northern cod fishery will help build “a sustainable, globally competitive northern cod fishery.”
OCI’s executive assistant of corporate affairs, Paula Kieley, also notes in the statement that reopening the northern cod fishery will help create employment and more stability for crews in Newfoundland and Labrador.
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