Tag Archives: Labrador fisherman Kirby Elson
Potentially precedent setting fisheries case now in the hands of a Federal Court of Canada judge
A court case looming over Atlantic Canada’s inshore fisheries is now in the hands of a Federal Court of Canada judge. Justice Cecily Strickland reserved her decision Wednesday after two days of legal arguments in an Ottawa courtroom that centred on whether the minister of fisheries has the power to manage the fishery for social and economic objectives outside of fish conservation. Labrador fisherman Kirby Elson is appealing a 2015 decision by the minister to take away his snow crab licence because he refused to exit a controlling agreement with two fish processors, one that allowed them to control the licence and the wealth it generated. The Department of Fisheries and Oceans says such agreements are an end run around its policies that individual fishermen — not corporations — are the beneficiaries of inshore licences. continue reading the story here 12:09
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
Controlling Agreement? Labrador fisherman Kirby Elson is ending his legal challenge filed with the Federal Court
Nova Scotia fish harvester Susan Beaton is breathing a little easier now that a legal challenge that could have overturned the rules protecting the independence of Atlantic Canada’s inshore fishery appears to be over. “I think it’s very good news, at least for those of us who care about the owner-operator policy,” said Beaton, who is from Antigonish. The federal government’s owner-operator policy stipulates the main benefits of inshore fishing licences must go to the licence holders. Kirby Elson, a fisherman from Cartwright N.L., a small fishing town in Labrador, had launched a legal challenge, appealing a decision by the federal fisheries minister to take away his commercial fishing licences. But the case ended quietly and abruptly this week when Elson notified his lawyers Jan. 10 that he wanted to “immediately withdraw from this litigation,” according to documents filed with the Federal Court. Elson had refused to obey a DFO requirement that he exit a so-called “controlling agreement” with two Newfoundland and Labrador fish processors. Read the story here 19:31
