Federal Court of Appeal Rejects Challenge to Salmon Farm Phase-Out
The Federal Court of Appeal has dismissed a legal challenge from a major fish farm operator, upholding Ottawa’s decision to phase out open-net salmon farms in British Columbia’s Discovery Islands. In a ruling issued on Thursday, the court affirmed that former Fisheries and Oceans Canada Minister Joyce Murray acted fairly and reasonably in 2023 by refusing to renew aquaculture licences in the area.
This decision reinforces a June 2024 Federal Court ruling and supports the government’s cautious approach to protecting wild salmon populations facing significant threats. Imalka Nilmalgoda, a lawyer with the environmental organization Ecojustice, highlighted the ruling’s importance for conservation efforts. “This decision really protects wild salmon in one of their most vulnerable migration routes,” Nilmalgoda stated. She represented environmental groups and independent biologist Alexandra Morton in the case, adding, “It shows that when science and the law align, wild salmon can have a real fighting chance at recovery.”
Critical Migration Route and Environmental Concerns
The Discovery Islands, situated between northern Vancouver Island and the mainland, serve as a vital migration corridor for Fraser River sockeye and other salmon species. This region has long been a focal point in discussions about the effects of open-net salmon farming, with coastal First Nations and environmental advocates arguing that these operations expose wild fish to parasites and diseases, exacerbating population declines.
‘Na̱mg̱is hereditary chief Ho’miska̱nis Don Svanvik noted a decades-long decline in wild salmon stocks, which he links to the expansion of open-net pen farming. However, he observed positive changes since the phase-out process started in 2020. “Some fish farms have been removed by First Nations and some by the federal government, and fish are coming back,” Svanvik said. “The past two years, the returns have been incredible.”
Studies referenced by Ecojustice indicate that closures of farms in the Discovery Islands have led to significant reductions in salmon lice levels, a parasite that poses severe risks to juvenile salmon during their journeys.
Government Commitments and Industry Pushback
The federal government pledged during the 2019 election to shift all Pacific open-net salmon farms to closed containment systems amid growing threats to wild populations. Officials have set a target to complete this transition province-wide by 2029, though the process includes a delay from earlier timelines.
Mowi Canada West, the company challenging the licence refusals, expressed disappointment with the court’s decision. The operator has farmed salmon in the Discovery Islands for over 30 years within the traditional territory of the Laich-kwil-tach peoples. Mia Parker, Mowi’s director of environmental performance and certification, emphasized the need for evidence-based processes. “This appeal was about transparency and fairness in evidence-based decision making,” Parker stated in a prepared remark. The company respects the ruling but maintains that government actions on salmon farming should remain evidence-based, sustainable, transparent, and inclusive of First Nations rights holders.
Economic Implications for B.C.’s Aquaculture Sector
The phase-out of open-net farming has sparked concerns about broader economic effects. The B.C. Salmon Farmers Association warns that ending these operations could result in nearly $1.2 billion in lost economic activity. The industry currently sustains over 4,000 families, especially on Vancouver Island and in the Lower Mainland.
Association representatives noted that salmon production in the province has dropped more than 40 percent since 2015, while imports from nations like Norway and Chile have more than doubled. The Canadian Aquaculture Industry Alliance points out that restrictions on open-net pens in B.C. have created an investment chill across the country, undermining domestic food security and pushing consumers toward foreign products.
