Federal court denies FFAW request for injunction against reopening of northern cod fishery

A federal courthas ruled against the Fish,Food and Allied Workers union's attempt to prevent the reopening of the commercial northern cod fishery.

In July 2024, the FFAW requested a judicial review of the federal fisheries departments' decision to reopen the northern cod fishery with a total allowable catch of 18,000 tonnes.

Later, the FFAW requested an injunction against federal Fisheries Minister Diane Lebouthillier's decision, made in June, to allocate 18,000 tonnes of cod for Canadian harvesters, and 1,080 tonnes for the offshore sector.

Yesterday, the court denied the request for an injunction, stating that FFAW failed to demonstrate that irreparable harm.

Justice Cecily Stricklandacknowledged the seriousness of the issues surrounding the sustainability of the northern cod fishery raised by the FFAW.

In the decision, Strickland also acknowledged the risks associated with quota increases and offshore trawling, including over fishing and stocks re-entering the critical zone.

"Ultimately, I conclude that what the evidence in the records before me establishes is that increased quotas (onshore or offshore) means an increase in the risk of the northern cod stock re-entering the critical zone. Further, that offshore trawling creates a greater risk of overfishing than inshore fisheries methods, if quotas are set too high and if sustainability measures such as monitoring and net size are not in effect," said Strickland.

"But this does not establish that irreparable harm will be incurred by the applicantsor the stock if the offshore fleet harvests its 2024 TAC allocation of 1,081 [tonnes]between now and the determination of the underlying application for judicial review."

The court document explains that the applicant must present clear and non-speculative evidence that the motion would cause irreparable harm. However, Strickland notes that they have already harvested 98 per cent of their increased total allowable catch allocation this year, which undermines the FFAW's argument that DFO's decision would harm their ability to catch fish.

The judicial review will be heard sometime in early 2025.

In a statement, FFAW-Unifor president Greg Pretty said that while he is disappointed by the outcome,he is encouraged by the court's recognition of the union'sconcerns.

"This ruling underscores the need for a thorough review of the minister's decision-making process regarding the northern cod fishery," said Pretty.

Ocean Choice and NunatuKavut, happy with decision

Atlantic seafood company, Ocean Choice International, said in a statement itapplauds yesterday's ruling.

In the statement, OCI president Blaine Sullivan said the decision to reopen the northern cod fishery will help build "a sustainable, globally competitive northern cod fishery."

OCI's executive assistant of corporate affairs, Paula Kieley, also notes in the statementthat reopening the northern cod fishery will help create employment and more stability for crews in Newfoundland and Labrador.

According to the court document, the NunatuKavut Community Councilwould receive a quota of 3.33 per cent, or 599 tonnes. They argue that if there werean injunction, they would lose this special allocation and the ability to participate in the northern cod fishery, which is "deeply embedded and interlaced within the fabric of NunatuKavut Inuit history, society, culture and well-being."

NunatuKavut said in a statement that it "has successfully protected its right to fish."

"The court found that, if an injunction was granted, the possible harm to the Respondents, including NCC, clearly outweighed any potential harm to FFAW," said the statement.

OCI's vice president of sustainability and engagement Carey Bonnellsaid he is pleased with the overall decision.

"We've long held the view that we were surprised the FFAW went down the road of the proposed injunction and judicial review. We thought the case wasn't strong for such a measure," he said.

Last year, theFFAW advocated for a nearly doubling of the total allowable catch, to 25,000 tonnes, for 2024.

Strickland says in the court document, "before the 2024 allocations were announced, the FFAW was of the view that the revised stock assessment model was a positive development."

However, when DFO announced the new allocation, which included allocation 1,081 tonnes to the offshore, theFFAW argued that the increase would affect the stock.

"In my view, the FFAW's positions are irreconcilable based on the record before me," said Strickland.

"How do you reconcile with the fact that they advocated for a 25,000 metric tonne fishery but thought 18,000 with a small amount, sixper cent to our sector, would do a irreparable harm?," said Bonnell.

Bonnell also said that six per cent of stock being allocated to the offshore sector will support a balanced fishery in Newfoundland and Labrador, noting that OCI vessels are crewed by Newfoundlanders and Labradorians, "almost exclusively."

He also said that the fish will be processed at Icewater Seafoods in Arnold's cove, which will also create "longer more meaningful jobs," and reduce their reliance on imported frozen cod from Norway.

"I don't understand the negativity around any of this," said Bonnell."We think it's a win for everyone."

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