The Government of Prince Edward Island will not proceed with its legal action against the Government of Canada and the Department of Fisheries and Oceans. The action challenged the constitutional power of the federal fisheries minister to make licensing and other management decisions. The announcement was made today by Prince Edward Island Fisheries and Aquaculture Minister Allan Campbell.
“While we are not proceeding with the legal action initiated by the previous government, we will continue to work hard to ensure that Island fishers receive a fair and equitable share of fisheries resources in this region,” said Mr. Campbell. “We are not giving up this fight.”
Mr. Campbell said the decision to discontinue the legal action was made following consultations with legal counsel, after the courts ruled earlier this year that the case would have to be heard in the Federal Court of Canada. Mr. Campbell said that would be a difficult and costly proceeding, with an uncertain outcome. He said there is also a need to protect the interests of taxpayers. The legal action has already cost the provincial government $688,000.
Mr. Campbell said a number of circumstances changed since the legal action was initiated in 2005. He said there has been progress on some outstanding issues, such as the herring seiner exclusion line which has been resolved. “I look forward to continuing discussions with federal Minister Loyola Hearn to resolve other issues which were the subject of the legal action,” he said. “We are continuing with our demands for an increased allocation of species such as snow crab, Bluefin tuna, Gulf and Northern shrimp and halibut, and the unfair treatment of our groundfish dependent fishers.”
Mr. Campbell said the absolute powers of the federal minister under the current Fisheries Act have resulted in the unfair allocation of quotas and licenses. “I want to assure fishers that I will continue to push for a fair and transparent decision-making process,” he said. “As the full-time Minister for Fisheries and Aquaculture, I will not waiver from this position.”