The Supreme Court of Prince Edward Island has ruled that the provincial government’s case on fisheries management issues against the federal government can proceed. The provincial government and others launched the lawsuit earlier this year challenging the constitutional authority of the federal fisheries minister and the management of the fisheries under the Fisheries Act. The federal government applied to the Supreme Court in May of this year to have the case dismissed, but the decision issued yesterday by Justice Gordon Campbell has ruled that the case can be heard in the Prince Edward Island Supreme Court.
“This is a major victory in our effort to ensure that the rights and interests of the Prince Edward Island fishing industry are recognized and respected,” said Agriculture, Fisheries and Aquaculture Minister Kevin MacAdam. “The court has clearly recognized that we can proceed with our claim, and I remain confident that we have a solid legal foundation on which to base our actions.”
The Minister said he is pleased the case will be heard in the Prince Edward Island courts. He said he has instructed the provincial government’s legal counsel to begin the process of moving the case forward and proceeding to the next stage immediately.
“This case is all about challenging the absolute authority of the federal minister to make decisions which vitally affect the Prince Edward Island fishing industry,” said Mr. MacAdam. “We believe that the process should be more open and accountable, and result in fair and equitable treatment to all fishermen in the province.”
Mr. MacAdam said that this first victory was decisive, but that many more battles have to be fought before the provincial government succeeds in its ultimate objective.