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Tuesday, February 10, 2009

 

ONE FOR THE WILD SALMON! BC Supreme Court delivers ruling in fish farming case !

*Feb 9th, 2009 4:27 PM*

Media Release
Attn: Wildlife/Environment/Legal/Political/News Reporters and Editors

ONE FOR THE WILD SALMON!
*
Vancouver, B.C., February 9, 2009 - Today BC Supreme Court ruled that
the BC government does not have the right to regulate salmon farms - the
BC regulation of fish farms has become unlawful, unconstitutional and
invalid. The fish inside the farm are now considered a fishery, not
agriculture and thus the federal government has exclusive right to
regulation. The court suspended the ruling for a period of 12 months to
allow the federal government to bring in proper legislation.

On September 29 - October 3, 2008, the case Alexandra Morton et al vs
the A.G. of British Columbia and Marine Harvest Canada, Vancouver
Registry, No. S083198 was argued in BC Supreme Court before Mr. Justice
Hinkson. Filed under the Judicial Review Procedure Act, RSBC, c. 241 the
Petitioners sought a declaration that the statutory provisions of
British Columbia's Aquaculture Regulatory Regime - sections 13(5) and
26(2)(a) of the Fisheries Act (B.C.) - be declared unconstitutional and
of no force or effect by virtue of section 52 of the Constitution, which
states that the regulation of Canada's fisheries is under the sole
jurisdiction of the Federal Crown and cannot be delegated to the provinces.

When salmon farming arrived on this coast very little was know about it,
today know much, much more. Just last week the provincially funded
Pacific Salmon Forum called for restructioning of the fish farm
regulatory regime now we have the opportunity to do something that makes
sense.

The response from Alexandra Morton, lead petitioner in the case, is one
of relief and joy. "Finally, the government agency in charge of fish
farms is mandated to put wild salmon first. This has come none too soon
as provincial management of fish farms is devastating many coastal
communities."

"Because the province is not responsible for the oceans, the impact of
fish farms on the oceans became nobody's business and this is how we got
into this mess," explains Morton.

"The B.C. salmon farming industry is largely foreign and facing severe
global economic and disease problems," says Morton. "What makes
countries wealthy is their resources and wild salmon are an extremely
valuable fishery to the benefit of the BC economy."

"I would like to thank my lawyer, Greg McDade, the hundreds of people
who supported this via www.adopt-a-fry.org", says Morton, "West Coast
Environmental Law and many others for their help. There is an enormous
amount of work ahead, but this court has illuminated a path though the
chaos. The war in the water should be over. Our wild salmon are down but
they are not out!"

- 30 -
*
For further information, and to schedule interviews, please contact:
*
Alexandra Morton - 250-974 -7086
Brian Gunn, BC Wilderness Tourism Association - 250-203-3045
Greg McDade - 604-988-5201

*
Citation: British Columbia (Agriculture and Lands), 2009 BCSC 136
Date: 20090209
Docket: S083198
Registry: Vancouver*

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