Transfer injunction not granted to Cermaq Canada

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Had looked to Mowi’s legal challenge.

In late June, it was reported that Cermaq Canada was battling in the courtroom fight over fate of 1.5 million juvenile salmon.

The salmon farmer had taken Fisheries and Oceans Canada to court over transfer and licence extension decision.

Cermaq Canada had applied for a licence to transfer juvenile Atlantic salmon from its Cecil Island fish farm to two saltwater sites, Venture Point and Brent Island.

At the time, Federal court documents showed that a hearing was set up for June 28th for an “interlocutory” or interim injunction involving the fish farm companies and the federal government.

In the recently uploaded legal document, Cermaq pointed to a successful legal challenge in April which resulted in Mowi Canada West being able to grow out the salmon at the two sites Hardwicke and Philips Arm in the Discovery Islands.

This is against the backdrop that BC Discovery Islands salmon farms to be phased out by 2022.

However, this did not assist Cermaq in this motion, and the interlocutory injunction was dismissed by Judge Strickland.

“The relief sought in the application for judicial review concerns only the Minister’s Decision while the relief sought in this motion is concerned with the manner in which Cermaq’s transfer licence application was, and on re-submission, will be assessed,” ruled Judge Strickland.

Prior to the decision, Cermaq Canada managing director David Kiemele told SalmonBusiness that if the final grow-out of fish could not go on as planned, it would “have long-reaching social and financial implications for employees and dozens of local, independent suppliers, contractors, businesses, and service providers”.

Cermaq Canada told SalmonBusiness that it is “taking the time to review the document and determine next steps”.