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
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
RCMP not investigating possible foreign interference cases related to Chiu, Dong: Duheme
Canada's federal police force is not investigating any possible instances of foreign interference in the cases of former Conservative MP Kenny Chiu and Liberal-turned-Independent MP Han Dong, RCMP Commissioner Mike Duheme says.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
Air France flight from Paris to Seattle lands in Iqaluit after heat smell in cabin
A plane travelling from Paris to Seattle was forced to make an emergency landing in Iqaluit after there was a heat smell in the cabin during the flight.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The federal government is granting British Columbia's request to recriminalize hard drugs in public spaces, nearly two weeks after the province asked to end its pilot project early over concerns of public drug use.
opinion Tom Mulcair: Trudeau's handling of Poilievre's 'wacko' House turfing a clear sign of Liberal desperation
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca