Salmon Farmers Association

Dismissal of class action stands, appeal denied

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Source: Salmon Farmers Association

An application for leave to appeal to the Supreme Court of Canada by Chief Bob Chamberlin, Chief of the Kwicksutaineuk/Ah-Kwa-Mish First Nation has been denied.

The leave to appeal was filed from a decision made in May 2012, which overturned the certification of an action by Chief Chamberlin as a class action lawsuit. 

“The commitment our farmers have made in First Nations communities is very important to us all, and we continue to be available for others interested in constructive conversations about aquaculture and the opportunities it provides,” said Mary Ellen Walling, Executive Director of the BC Salmon Farmers Association.

The plaintiffs alleged in this case that salmon farms in the Broughton Archipelago are the cause of a decline of wild salmon stocks. BC salmon farmers disagree with these allegations. [1] [2]

The class action certification was initially granted by the chambers judge in 2010; however, it was appealed by the Province of BC and Canada in January 2011. On May 3, 2012, that appeal was successful and the ruling granting the case class action certification was overturned.  An application for leave to appeal to the Supreme Court of Canada was then filed, which has now been dismissed.

The BC Salmon Farmers Association was granted intervenor status before the Court of Appeal.

The BCSFA cannot comment further on this case at this time.

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