Tag Archives: Kirby Elson
The Elson decision – Ruling that prevents corporate takeover of inshore fishery faces appeal
The Newfoundland and Labrador seafood industry is behind an appeal of a recent Federal Court of Canada decision that upheld Ottawa’s right to prevent the corporate takeover of inshore fisheries in Atlantic Canada and Quebec. The June 5 appeal was filed at the 30-day deadline. No court date has yet been set to hear the appeal. Last month, Justice Cecily Strickland ruled the federal fisheries minister was entitled to strip fishing licences from Labrador fisherman Kirby Elson. Elson was a placeholder on a snow crab licence controlled by two related Newfoundland processing companies. The Elson decision was hailed as a victory by some inshore fisheries organizations and the Department of Fisheries and Oceans. They argue controlling agreements are used by companies to get around longstanding policies that local fishermen control inshore licenses and the profits that come from them. click here to read the story 11:46
Labrador fisherman’s lawyers fight to keep his “controlling” agreement with fish processor
A lawyer for a Labrador snow crab fisherman who had his fishing licence stripped by the federal minister of fisheries said the minister had no authority to do so. Kirby Elson, 62, lost his licence in 2015 because he refused to exit a controlling agreement with two Newfoundland and Labrador fish companies that gave total control of the licence and its wealth to the companies. Byron Shaw, one of Elson’s lawyers, argued Tuesday the minister of fisheries has no authority to interfere in a contract that transfers wealth between a harvester and a third party. He said the policy the Department of Fisheries and Oceans (DFO) is enforcing has nothing to do with the management of fish stocks. The case opened Tuesday at the Federal Court of Canada and is expected to last two days. continue reading the story here Stakes of inshore fisheries case are ‘absolutely massive,’ says observer, Why people are watching this case? continue reading the story here 08:04
Federal Court of Canada – Legal challenge threatening autonomy of inshore fishery opens today
The Federal Court of Canada will begin hearing a test case today in Ottawa that could overturn a decades-old policy that prevents a corporate takeover of inshore fishing licences in Atlantic Canada. The seafood processing industry, inshore fishermen’s groups and the Department of Fisheries and Oceans (DFO) are all watching the case closely, albeit with very different expectations. “The stakes are important because we have seen other fisheries be taken over by corporations and it leaves less money in the hands of individuals and communities,” said Melanie Sonnenberg, president of the Canadian Independent Fish Harvesters Federation. The Federal Court case centres on Kirby Elson, a fisherman from the Labrador community of Cartwright, N.L. Elson was stripped by DFO of his snow crab licence in 2015 when he refused to exit a controlling agreement with fish processor Quinlan Brothers and a related company. Under the 2003 agreement, the company controlled the licence and the wealth it generated. Quinlan Brothers paid the licence fee, provided the vessel and crew, and paid for the insurance and maintenance. continue reading the story here 09:10
Fisherman Kirby Elson’s legal challenge of inshore fishery rules is back on
A Labrador fisherman who launched a legal challenge of rules for Atlantic Canada’s inshore fishery only to back away from litigation last week has had another change of heart. Lawyers for Kirby Elson have notified the Federal Court that he will be proceeding with his case, after all. Elson’s legal challenge is widely seen as a test case for Canada’s ban on controlling agreements in the inshore fishery. Elson, of Cartwright, N.L., did not explain why he changed course in a letter to the Federal Court. “I have reconsidered this matter and I have decided I wish to proceed. Please accept this letter as a retraction of my letter dated Jan. 10, 2017,” Elson wrote in a Jan. 12 letter, which was made public Monday. Read the story here 16:54
Small-town fisherman takes on Ottawa – Kirby Elson says controlling agreements let him operate his fishing vessel
A fisherman from a small fishing town in Labrador has launched a legal challenge that could overturn decades-old federal policies in hopes of preserving independent inshore fisheries in Atlantic Canada. Kirby Elson of Cartwright, N.L., applied in June for a judicial review of a 2015 decision by the federal fisheries minister to take away his commercial fishing licences. Elson, 61, had refused to obey a DFO requirement that he exit a so-called controlling agreement with two Newfoundland and Labrador fish processors: Quinlan Brothers Ltd. and Labrador Sea Products Inc. Under the March 2003 agreement, the companies financed Elson’s snow crab licence, provided the vessel and crew, paid the insurance and covered vessel maintenance. Elson landed and sold his fish at the direction of the processors. The agreement stipulated he could not transfer the licence without company permission. Even in death, Elson’s estate was required to transfer the licence to a designate of the processors. Read the rest of the story here 07:53
