Tag Archives: fisheries

Access: An Introduction, the Important of Administrative Law and an Example from the Regulation of Aquaculture

Introduction to the Access Series

For a long time now, I have thought of using my (mostly derelict) blog to summarise my research in order to render it more accessible. That is the goal of this new Access Series. For each of my academic publications, I will endeavour to write an accessible blog post (for longer texts, like books or theses, I will probably post multiple posts). Accessibility, in the academic context, has generated a lot of debates. For me, I see accessibility in terms of form and in terms of substance. For form, this series will increase access because it is free, aka open access, and not hidden beyond a paywall that can often only be afforded by academic institutions, big corporations or government. Posts will also be shorter than academic articles (although this particular post will be longer than what I aim for given its introductory nature), chapters and books, making their content easier to read for people who are not paid to do research. I think this is especially important for research that is meant for the public or a particular community (versus research that is meant more for other academics). I will forgo footnotes and in text references, except for quotes. Instead, I’ll include a short references list at the end, favouring open access content.

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Precaution, delegation and aquaculture regulation – Morton v DFO Part 2

“I accept the undisputed evidence that there is some risk posed to Fraser River sockeye from diseases on salmon farms, but I cannot make a determination as to the precise level of risk. Therefore, precaution would suggest assuming that the risk is not insignificant.”[1]

This quote could have been taken directly out of the recent Federal Court decision of Morton v Canada (Fisheries and Oceans) since the issues address by that case are closely related to the ones in front of the Cohen Commission of Inquiry (Cohen) 3 years before.[2] In fact Justice Rinnie recognized this context.[3] It seems, however, that the Department of Fisheries and Oceans (DFO) did not head the wise words of Commissioner Cohen and continued to treat some serious salmon disease – specifically piscine reovirus (PRV) and heart and skeletal muscle inflammation (HSMI) disease – carelessly. But ignoring an issue does not make it go away. Thankfully for the vigilance of Ms. Morton, DFO will now have to rethink some of its approach to aquaculture. In Part 1 of this post, I explored the issues of the standard of review, the precautionary principle, and the reasonableness of the aquaculture fish transfer licence conditions. In this Part, I look at the issue of illegal sub-delegation of discretionary powers, especially in this case when discretion was delegated to the industry. I reproduced the background section of Part 1 below for ease of reference.

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