ship happens
Crew Member
Well, we all know that DFO and industry cooked the books on the risk assessments, WMY - esp the mouthrot and PRv ones. In addition the conflicts of interest that Cohen mentioned DFO was under wrt being regulator and promoter have not been resolved along with the conflicted minor royalty within the upper echelons of the Aquaculture Branch of DFO that came out both in that PRv court case (https://www.cbc.ca/news/canada/british-columbia/bc-fish-farms-federal-court-judge-ruling-1.6431459) and also when that FF compant took DFO to court as the minor royalty within the Aquaculture Branch allowed the multinational to prepay for their federal Aquaculture licences (https://www.cbc.ca/news/canada/british-columbia/bc-fish-farms-federal-court-judge-ruling-1.6431459). Some real insights in how the DFO employees subvert their minister's directions in those court cases.
And as you mentioned SH - the water column is federal regulation, while the bottom is claimed by the Province thru the Land Act. The Province is responsible for issuing (or not) a tenure (licence of occupation) for the operation while DFO is responsible for issuing an Aquaculture Licence for those activities. Case Law based on the existing colonial laws/acts (both Provincial & Federal) is a work in progress.
How (sometime in the future) Hereditary Laws and/or UNDRIP intersect with land/water uses for non-aboriginal has not been tested to my knowledge - but at a minimum - any impacts (i.e. "infringements") to FN Rights and Title and aquatic harvesting rights has been ruled on in case law. Under s. 35 of the Constitution Act (where all other Acts generate their authorities) - FN must be consulted and accommodated beforehand any infringements are allowed to happen thru the Crown's actions or inactions.
Impacts to adjacent wild stocks would still be an infringement independent of any land ownership questions - but the answer to that question would direct whom goes to court. And then there is also UNDRIP being rolled into management, as well...
Honestly I don't know if the waterlot lease up north are managed by the feds or the province. It was all feds up until about 5 years ago when they gave the majority management back to the province. It probly is the province seeing as how when that happened port metro said that "if it doesn't have anything to do with the port we don't want to manage it"
If I understand you correctly your right. If the waterlots are province managed then FN does have the final say in whether or not it gets approved. That goes for all province managed waterlots
That being said all that stuff is fine. They can have their waterlot lease, they can have their aquaculture licence. They still need a business licence in order to sell their product. If the province says we don't want FF's then we have total control. It's at a municiple level at that point. I can't run my shop without a proper business licence with the city of Delta etc.