In a lawsuit, the aquaculture giant Mowi claims Canada 'wiped out' a third of its business
An international aquaculture giant is suing two former Canadian fisheries ministers for alleged damages from a federal decision to close fish farms in B.C.’s Discovery Islands region.
Jordan cited consultations with First Nations as a key reason for the decision. Despite court challenges that followed, Murray finalized the decision noting the need to take a precautionary approach to protect endangered salmon. The ministers’ decision was taken without adequate notice or justification and had no rational basis under the Fisheries Act, the claim alleges.
Fisheries and Oceans Canada’s response to Mowi’s civil claim, filed Sept. 24 — which has also not been tested in court — asserts the ministers’ decisions were made in good faith and in keeping with their “absolute discretion'' under the Fisheries Act. Mowi may have structured its business on the predictable replacement of federal authorizations, DFO said. But the company was aware, or ought to have been, of the evolving licensing process in the environmentally sensitive region.
DFO denies there was no notice or indication about the possibility of the 2020 Discovery Islands decision. “Mowi failed to mitigate the risks inherent in investing in a highly regulated industry by not adequately planning, financially and otherwise, for existing and future uncertainty and changes in the regulatory framework,” the response said.
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