Judge says DFO acted unfairly in coming to 2023 elver quota decision

Richard Cuthbertson · CBC News

· Posted: Apr 01, 2025 2:27 PM EDT | Last Updated: 3 minutes ago

A national justice has ruled the Department of Fisheries and Oceans did not adequately consult with commercialized groups that food for juvenile eels on Maritime rivers erstwhile successful 2023 it plucked astir 14 per cent of their quota and gave it to First Nations.

The ruling, which recovered the quota determination to beryllium "procedurally unfair," is simply a tiny triumph successful Federal Court for licence holders who person been astatine loggerheads with DFO implicit its handling of the fishery and person launched respective ineligible challenges successful caller years.

The lucrative fishery has been the root of hostility and unit successful caller years arsenic prices soared owed to request successful Asia wherever the tiny eels, known arsenic elvers, are shipped unrecorded and past raised successful aquaculture facilities for food.

Much has happened, however, since DFO's 2023 quota decision. That play was subsequently halted aboriginal owed to wide unauthorized fishing, past year's play was cancelled outright, and this year, astir commercialized licence holders were stripped of good implicit fractional their quota.

Brian Giroux of licence holder Shelburne Elver, 1 of 2 commercialized outfits behind the tribunal challenge, acknowledged the ruling is successful immoderate ways a moot point, fixed it deals with a play that is 2 years successful the past. But helium said his radical and astatine slightest 1 different are considering civilian enactment against the national government.

"If someone's had you connected the crushed and they're kicking you around, possibly there's a small country for compensation for the actions," helium said successful an interview. 

Unfair decision

A fig of different judges person antecedently ruled successful favour of DFO erstwhile commercialized groups person disputed decisions officials person made successful the elver fishery and person asked the Federal Court to reappraisal them.

The astir caller ruling alternatively sides successful portion with the commercialized groups. While Justice Paul Favel said determination was insufficient grounds to amusement that DFO was biased, helium did find determination was a deficiency of engagement.

That was unfair, the justice said, and not successful keeping with assurances from the twelvemonth earlier erstwhile DFO made a akin quota determination and said it would prosecute with licence holders good earlier the 2023 season.

Giroux said the Federal Court process is simply a "narrow" one, and he's been frustrated by DFO's refusal to merchandise what helium views arsenic definite important documents.

A spokesperson for DFO said successful an email the Federal Court ruling is being reviewed and the section has "no further remark portion we see adjacent steps."