Mowi argues that there is little to weigh against the injunction since the only scientific evidence before the Minister concluded that the farms were well managed and risk to wild salmon was low. It further argues that the transfer of one more annual cohort of fish into the Phillips Arm site was consented to by the Kwiakah First Nation (the Philips Arm site being withing their traditional territory), establishing both that there was no uniform opposition of First Nations to the aquaculture industry and that the Minister’s claim that granting the injunction would harm reconciliation should also apply to not granting it.
Saltstream argues that its environmental record is sound and it has had no issues with sea lice, and that in any event, the concerns regarding the danger to wild salmon populations relates more to the farming of Atlantic salmon rather than Pacific salmon which is what they farm. It further argues that its site will be operational with fish in it for the remainder of the licencing period, until at least June 30, 2022, and there will be little environmental effect by transferring new fish into the site during that time. Saltstream emphasizes that the stay it seeks is an exemption, rather than a suspension, and argues that the relative impact of exempting the Doctor Page: 44 Bay Farm’s upcoming smolt transfer on the public interest in seeing the Decision enforced is negligible, given the overall scale of the impact of the Minister’s Decision.
The Supreme Court’s asserted in RJR-MacDonald that the government does not have a monopoly on the public interest, and therefore I must also consider the harm that not granting the injunction will cause on the broader economy of northern Vancouver Island.
[141] While aquaculture in the Discovery Islands may pose a risk to wild salmon populations generally, it has not been established that the risk from allowing the transfer of fish into three sites is great enough to weigh against granting the injunction. In addition, these concerns do not appear to apply to the Chinook salmon on Saltstream’s Doctor Bay Farm site.