The right to fish 'does not exist,' Ottawa argues, but B.C. court rules class action lawsuit over geoduck clams can go ahead
A class action suit against the federal government can go ahead, despite Ottawa's claims that the right to fish "does not exist," a B.C. judge has ruled.
In a judgment issued last week and recently posted online, Justice Simon R. Coval was asked whether a lawsuit involving the harvesting of a bizarre-looking mollusk could go ahead, a suit the government claims is "bound to fail."
The issue involves 15 areas off the southern end of Haida Gwaii. Until 2019, these areas were used for commercial fishery of geoduck clams, but, in an attempt to protect a sensitive ecosystem, the government has since expropriated the area.
Those spots are now strictly protected.
Those behind the claim – James Austin, Darrell Thomas and two companies called Hideaway II Ventures Ltd. and Front Line Diving Ltd. – say they aren't challenging the government's right to protect such areas, but they're seeking compensation for future income loss if they can no longer harvest geoducks from those spots.
On their side, the class action lawsuit is an attempt to get back some of the money they say they would have earned through fishing the property.
On the federal government's side, the legal battle is a fight over a made-up right.
In his summary, Coval wrote that Ottawa argues "the claim seeks compensation for loss of an alleged right – the right to fish – that does not exist, and is a variation on a theme that has repeatedly failed in our courts."
The plaintiffs disagree, saying their fight falls under well-established common law principles.
It was not up to the B.C. judge to determine any compensation, but to look at whether the suit had enough merit to actually go to court.
Further details of what the judge looked at before making his decision can be read in his judgment, but ultimately Justice Coval decided the plaintiffs made enough of a case that they met the certification test.
This test for class action lawsuits includes the criteria that the claim raises common issues, and that the proceeding would be the preferable procedure to come to a fair and efficient resolution.
Geoducks (pronounced gooey-ducks) are a large species of clam that, when matured, resembles an elephant trunk sticking out of a large clamshell, Coval described.
Harvesting the species is complicated, and for reasons of conservation, commercial fishing is limited to 55 vessel-based licences and 550 quota blocks issued by Fisheries and Oceans Canada.
Participation in the program is expensive, Coval wrote. He said most licence holders have at least 10 quota blocks, and that the blocks cost $800,000 each, in addition to the $250,000 licence.
Equipment required for fishing and diving can cost as much as $1 million.
CTVNews.ca Top Stories
'Still so much love between us,' Sophie Gregoire Trudeau says of Prime Minister Justin Trudeau
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
What to know about avian influenza in dairy cows and the risk to humans
Why is H5N1, or bird flu, a concern, how does it spread, and is there a vaccine? Here are the answers to some frequently asked questions about avian influenza.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
Pro-plastic lobbyist presence at UN talks is 'troubling,' say advocates
Environmentalist groups are sounding the alarm about a steep increase in the number of pro-plastic lobbyists at the UN pollution talks taking place this week.
'Too young to have breast cancer': Rates among young Canadian women rising
Breast cancer rates are rising in Canada among women in their 20s, 30s and 40s, according to research by the University of Ottawa (uOttawa).
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
$70M Lotto Max winners kept prize a secret from family for 2 months
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.
Courteney Cox says her partner Johnny McDaid once broke up with her in therapy
Courteney Cox's longtime partner Johnny McDaid once broke up with her in a therapy session.