Nova Scotia judge upholds fisheries minister's right to impose licence moratorium
The right of Nova Scotia's fisheries minister to impose a moratorium on new licences for fish buyers and processors has been upheld in a recent court decision.
Last week, Nova Scotia Supreme Court Justice James Chipman dismissed an appeal by Meteghan, N.S., lobster processor Lobster Hub Inc., related to the moratorium that has been in place since 2018.
The company launched the appeal in April after applications to expand its processing licence to include snow crab and other species were rejected by three different fisheries ministers over a three-year period. Lobster Hub filed its initial request to the provincial Fisheries Department in February 2021.
The company's application was turned down by then-Liberal fisheries minister Keith Colwell and then two subsequent attempts were rejected by Progressive Conservative ministers Steve Craig and Kent Smith, who is now the current minister.
In his decision, Chipman wrote that the Fisheries and Coastal Resources Act gives the minister "authority to supervise and control the orderly development of the fisheries industry which would necessarily include controlling the number and types of new licences issued."
Lobster Hub had argued that the ministers' decisions were "unreasonable, incorrect and/or procedurally unfair" because the department had not applied the moratorium consistently. The company also argued the rejections ran contrary to the intention and purpose of the legislation; were contrary to the Canada-European Union Comprehensive Economic and Trade Agreement; and relied on arbitrary or irrelevant considerations.
However, Chipman rejected all of the arguments, saying the minister has broad powers over fish buying and processing, and the authority to determine what is in the public interest under the act.
"The minister clearly has the statutory authority to create and administer policies," the judge said. "The moratorium is one such policy."
Chipman noted that in all three instances, the ministers rejected the company's application citing an ongoing policy review that had halted the issuing of new licences. He said the act gives the minister "ample authority" to pause licensing while the policy review is underway "if he is satisfied it is in the public interest to do so."
The judge also noted in his decision that former fisheries minister Steve Craig told Lobster Hub in March 2023 that the licensing policy review was nearing an end and the government was expecting to lift the moratorium once the review was completed.
But in an email Tuesday, Deborah Bayer, a spokeswoman for the Fisheries Department, would only say that the "pause" remains in effect for issuing new licences.
"On the licensing policy review, we continue to connect with those in the sector," Bayer said. "We met with them earlier this year, and we intend to meet with them again soon."
This report by The Canadian Press was first published Oct. 1, 2024.
For more New Brunswick news, visit our dedicated provincial page.
CTVNews.ca Top Stories
NEW With the U.S. election approaching, could American voters in Canada make a difference?
With the U.S. election widely predicted to be a close race, some believe American voters in Canada and overseas will be crucial in helping elect the new president about a month from now.
W5 Investigates What it's like to interview a narco
Drug smuggling is the main industry for Mexican cartels, but migrant smuggling is turning into a financial windfall. In this fourth installment of CTV W5's 'Narco Jungle: The Death Train,' Avery Haines is in Juarez where she speaks with one of the human smugglers known as 'coyotes.'
B.C. man ordered to pay damages for defamatory Google review
A B.C. man has been ordered to pay a total of $4,000 to a Coquitlam company and its two owners because of a negative review he posted on Google.
Canadian figure skater suspended at least 6 years for 'sexual maltreatment'
Canadian figure skater Nikolaj Sorensen has been suspended for at least six years for 'sexual maltreatment,' the Office of the Sport Integrity Commissioner announced Wednesday.
Albertan first Canadian veteran to compete in Mrs. Universe pageant
In less than a year, an Alberta woman has gone from gracing the stage at her first pageant to competing at the Mrs. Universe pageant in South Korea. She's making history by becoming the first Canadian veteran to compete internationally.
Northern Ont. trial begins with shocking details about murder scene
The jury at the trial of a second-degree murder suspect in Sudbury on Wednesday heard graphic details of the crime scene discovered in a Kathleen Street apartment on Boxing Day 2020.
Japan airport shut after likely Second World War-era bomb explodes near runway, 87 flights cancelled
A regional airport in southwest Japan was closed on Wednesday after a U.S. bombshell, likely dropped during the Second World War to stem "kamikaze" attacks, exploded near its runway, causing nearly 90 flight cancellations.
Israel pushes forward on two fronts, with airstrikes in both Lebanon and Gaza
Israel pressed forward on two fronts Wednesday, pursuing a ground incursion into Lebanon against Hezbollah and conducting strikes in Gaza that killed dozens, including children.
Bloc Quebecois says ultimatum against government stands after Liberals vote against senior benefits motion
Bloc Quebecois Leader Yves-Francois Blanchet says his ultimatum to the government stands, after the Liberals voted against a motion seeking money to boost seniors' benefits on Wednesday.