Tag Archives: Brian Giroux

Court won’t overturn decision to cut quota from N.S., N.B. elver licence holders

Three judges have delivered another blow to beleaguered commercial groups that fish for lucrative juvenile eels in the Maritimes, agreeing with a lower court ruling that upheld Ottawa’s 2022 decision to transfer a portion of their quota to First Nations without compensation. The Federal Court of Appeal heard arguments in the case last week in Halifax, and emerged with a decision that found the federal fisheries minister had “broad discretion” and had used it reasonably. Tien Nguyen, a pioneer in Canada’s fishery for young eels, also known as elvers, said he had hoped the judges would address the “absolute power” of the fisheries minister to make decisions that have enormous financial impact on licence holders. “It’s just like you build up the business, you struggle with it for a number of years, and when it’s finally successful, the government decided to take it away from you,” more, >>CLICK TO READ<< 15:40

Review of prosecutions in chaotic elver fishery finds cases are being pursued

An internal review into whether federal Crown attorneys are refusing to prosecute infractions related to the turbulent baby eel fishery in the Maritimes has reportedly determined that proper discretion is being used and suggests at least two dozen cases have been brought to court. The examination was launched following a formal complaint by a commercial licence holder who alleged the Public Prosecution Service of Canada was failing to prosecute cases involving the unauthorized fishing of the juvenile eels, also known as elvers. In a recent email to the licence holder, David Antonyshyn, the deputy director of prosecutions, said an examination of 70 elver files referred by fisheries officers over a four-year period found about half proceeded to or were approved for prosecution. Others are still under review, while the remainder were declined. “There was not (and there is still not) any blanket policy not to prosecute particular individuals, or not to proceed with any particular type of offence,” Antonyshyn said in the email. more, >>CLICK TO READ<< 15:25

Maritime baby eel fishers pan federal decision to close fishery over safety concerns

Ottawa’s decision to shut down the lucrative but contentious baby eel fishery in the Maritimes has effectively ended the 2023 season, says a commercial licence holder in southwestern Nova Scotia. Brian Giroux, of Shelburne Elver, a fishing co-op that employs 39 people, said the mandatory 45-day closure announced by the Department of Fisheries and Oceans on Saturday will largely run out a season that normally wraps up in early June. “Illegal activities that (DFO) failed to control have taken away the fishing from the licensed and legal fishing,” Giroux said in an interview Monday. >click to read< 10:32

Quota transfer to Maritime First Nations prompts Federal Court challenge

Commercial licence holders in the lucrative Maritime baby eel fishery have launched a Federal Court challenge over the decision to take 14 per cent of their quota and give it to Indigenous groups in 2022. The quota of baby eels, or elvers, was worth millions of dollars. It was reallocated without compensation to fulfil First Nation treaty rights to fish. The elver redistribution raises broader questions about what licence holders in other commercial fisheries can expect if their allocations are cut in favour of First Nations. >click to read< 09:23

‘Alarm bells’ ring in N.S. lobster fishery decision after DFO’s move involving baby eels

A group representing more than 500 lobster fishermen in southwest Nova Scotia is raising concerns about Ottawa’s commitment to voluntary licence buyouts to increase Indigenous access to the fishery. Late last month, the Department of Fisheries and Oceans cancelled bargaining with commercial licence holders in the elver, or baby eel, fishery, claiming they wanted too much money to exit the business. DFO is now looking at an across the board commercial quota cut for elvers without compensation to make room for Mi’kmaw harvesters.  >click to read< 13:23