VANCOUVER / UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH), AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES — Today, Ecojustice will return to court to defend a major victory for wild salmon. 

The case goes before the Federal Court of Appeal after salmon farming company Mowi Canada West Inc. launched an appeal of a June 2024 Federal Court ruling that upheld the Minister of Fisheries’ decision not to renew licenses for open-net pen fish farms in B.C.’s Discovery Islands. 

Ecojustice, representing the David Suzuki Foundation, Georgia Strait Alliance, Living Oceans Society, Watershed Watch Salmon Society, and independent biologist Alexandra Morton, will intervene to ensure the Federal Court of Appeal hears the importance of the role of the precautionary principle — a cornerstone of responsible environmental management — in licensing decisions under the Fisheries Act. 

“Canadian courts have confirmed that the Minister’s first priority when making decisions under the Fisheries Act is the conservation and protection of fish, including wild salmon” said Imalka Nilmalgoda, Ecojustice lawyer. “This case is about the Minister’s ability to take a precautionary approach when wild salmon face threats of serious harm, and our clients will urge the Federal Court of Appeal to consider how its judgement will impact the Minister’s ability to do so.” 

The Discovery Islands sit along a key migratory route for highly vulnerable Fraser River sockeye salmon. Research shows that open-net pen fish farms in this area can expose wild salmon to numerous diseases and parasites, including sea lice, which threaten already-declining populations. 

Most fish farms in the Discovery Islands have been empty since December 2020, when then Minister Jordan refused to license them beyond June 30, 2022. Her successor, Minister Murray, made the precautionary decision to continue to protect wild salmon populations by refusing to issue new licenses in the Discovery Islands. Since that time, researchers sampling wild juvenile salmon have noted a sharp decrease in salmon lice infections and some populations of wild salmon have increased dramatically. 

“In a region where wild salmon are beginning to rebound since the removal of pathogen-spreading salmon farms, Mowi is now trying to overturn the federal government’s decision and bring their factories back.” Stan Proboszcz, Senior Science and Policy Analyst at Watershed Watch Salmon Society, said. “The science is clear, but Mowi refuses to listen.” 

“A ‘better safe than sorry’ approach has worked positively for the wild salmon as we see them return stronger and healthier—and this incredible progress must not be undone. As Mowi once again challenges this decision, we must look at the growing returns in the region and the mounting evidence of the harm that open-net pen aquaculture has on wild salmon. Protecting this ecologically and culturally vital species means making sure open-net pens are gone for good,” said Beatrice Frank, Executive Director of Georgia Strait Alliance.  

Mowi and other fish farm companies challenged the Minister’s decision in Federal Court — and lost. In its June 2024 ruling, the Federal Court confirmed the Minister has broad authority to make precautionary decisions under the Fisheries Act and must be guided by principles of conservation which require the Minister to “consider public interest factors that extend beyond the private interests of license owners.”   

Now Mowi is appealing that judgement, arguing once again that the Minister’s decision was unfair and unreasonable. 

“Getting these open net-pens out of the Discovery Islands was the right decision for wild salmon, the coastal communities of British Columbia, and all Canadians” said Jeffery Young, senior science and policy analyst at the David Suzuki Foundation. “This fish farm company is attempting to obstruct an important decision that is already showing positive results for vulnerable wild salmon.” 

“The surge in wild salmon returns where fish farms were closed suggests that the decision to close salmon farms in the Discovery Islands may be one of the most successful Canadian federal government policy’s and it is important that we defend it in court.” said Alexandra Morton, independent biologist. 

Conservation groups say the Federal Court’s ruling is a critical step in giving wild salmon that migrate through the Discovery Islands a fighting chance, and that it should be upheld. 

About: 

The David Suzuki Foundation (DavidSuzuki.org | @DavidSuzukiFdn) is a Canadian environmental non-profit organization, founded in 1990. We operate in English and French, with offices in Vancouver, Toronto and Montreal. We aim to collaborate with many different people in Canada, including Indigenous leadership and communities, all governments, businesses and individuals to find solutions to create a sustainable Canada through scientific research, traditional ecological knowledge, innovative policy and legal solutions, communications and public engagement. Our mission is to protect nature’s diversity and the well-being of all life, now and for the future. We envision a world where we all act every day on the understanding that we are interdependent with nature, and with each other.   

Georgia Strait Alliance: Grounded in environmental justice, GSA mobilizes and supports collective action to protect the Salish Sea region to achieve their vision of a Salish Sea teeming with life where thriving and just communities live in balance with the environment.  

Living Oceans works to ensure that Canada’s oceans are sustainably managed and thriving with abundant and diverse sea life that supports vibrant and resilient communities. It has maintained a campaign to reform open-net pen aquaculture for over 20 years.  

Watershed Watch Salmon Society is a science-based charity working to defend and rebuild B.C.’s wild salmon. We advocate for B.C.’s wild salmon and the waters where they swim. Since 1998, Watershed Watch Salmon Society has been exposing threats to salmon and their habitats, calling for conservation action, and promoting solutions.  

Alexandra Morton is an Independent Biologist who has dedicated her life to restoring the balance between the people and the wild salmon off the coast of British Columbia.