Thursday, January 13, 2011

Canada’s Governments battle lawsuit over sea lice

The federal and provincial governments have filed appeals against a B.C. Supreme Court ruling in an attempt to scuttle a class-action lawsuit over sea lice on salmon farms filed by a First Nation.

The Kwicksutaineuk/Ah-Kwa-Mish (KAFN) First Nation, which has traditional territory in the Broughton Archipelago, filed a lawsuit claiming fish farms had spread sea lice to wild salmon and claiming financial compensation for depleted fish stocks. The province tried to block the lawsuit, saying First Nations cannot usually take part in class actions. But in December, Judge Harry Slade ruled in favour of the KAFN's application for certification of the lawsuit.

The decision of senior governments to appeal that ruling is deeply frustrating and disappointing, KAFN Chief Bob Chamberlin said. "We turned to the courts to ask for a fair determination as to the extent that open net-pen salmon aquaculture has impacted wild salmon stocks in the Broughton Archipelago and whether the province's authorization and regulation of salmon aquaculture has caused the impact," he said. "With certification of the class action we hoped that a long history of government delay, denial and distraction to avoid these questions would come to an end."

The appeal means more legal bills and delays when, with the rapid decline of salmon populations in the Broughton, speed is crucial, Chamberlin said. "We will fully respond to the appeal to protect our rights." In December, responsibility for regulating aquaculture in B.C. passed from the provincial to the federal government.

This blog is written by Martin Little The Aquaculturists, published and supported by the International Aquafeed Magazine from Perendale Publishers.

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