Federal Court rules 2022 elver quota transfer to First Nations fair and reasonable – Halifax

The Federal Court has rejected an attempt to overturn Ottawa’s decision in 2022 to reallocate part of the lucrative elver fishery quota to First Nations.

In a written decision, Justice Elizabeth Walker says the move by the federal fisheries minister was “fair and reasonable” given the broad discretion the minister has to manage Canadian fisheries.

The court challenge was mounted by two commercial licence holders in Nova Scotia and one in New Brunswick after Ottawa reallocated without compensation a part of the quota to some First Nations.

Former federal fisheries minister Joyce Murray cut the commercial elver quota by about 14 per cent to give First Nations access to the fishery in recognition of a treaty right.

Brian Giroux of Shelburne Elver, one of the applicants in the case, says the court decision illustrates the “dictatorial” powers possessed by cabinet ministers.

Giroux says an appeal is being considered while a separate challenge of an identical quota transfer for the 2023 elver season is pressing ahead.

This report by The Canadian Press was first published Sept. 1, 2023.