sust-mar: Ecology Action Centre Court Case Decision

Date: Fri, 20 Aug 2004 10:43:21 -0300 (ADT)
From: Mark Butler <ar427@chebucto.ns.ca>
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____________________________________________________________________________

Dear Sustmarians,

The Federal Court has made a decision on our dragging case. Judge
Heneghan decided against us, but largely on 'procedural' grounds: 1) the
variation order which opened Georges Bank (and the decision we
challenged) does not cause habitat destruction in and of itself; and 2)
section 35 of the Fisheries Act (the habitat protection provision)
doesn't apply to fishing. It is also probably a situation where in
the absence of clarity the court is going to side with the
government--the Federal Court established to interpret federal
legislation is usually conservative in its judgements. There is more
information in the press release below. You can also read the entire
decision on the Federal Court website at www.fct-cf.gc.ca. The Judge said
that the decision about what to do about dragging rests with the Minister.
On that point we are in agreement. Contact information for Geoff Regan is
geoff@geoffregan.com/902-426-2217

Thanks to sust-marians who contributed to this court effort in
one way or another. We assure you that our determination to
encourage sustainable fishing practices in Nova Scotia is stronger than
ever. DFO, fishery managers in particular, need to hear from all Canadians
with an interest in oceans, not just from those in the fishing industry.
Your letters, calls, emails do make a difference. That's why we have the
Gully and the two closed coral areas. But we need the government to
address a bigger issue: what is DFO's position on dragging and how are
they going to minimize the impacts and promote sustainable methods of
fishing. It is heartbreaking to see handliners going out of
business in the Bay of Fundy, while new groundfish draggers are being
launched. Let'em know what you think. 

Mark Butler and the Marine Issues Committee
Ecology Action Centre

------------------------------------------------------------------------
----

MEDIA RELEASE
Thursday 19, 2004

JUDGE'S DECISION ON DRAGGING: FISHERIES MINISTER NOT COURTS, MUST
PROTECT FISH HABITAT

Last week, a federal court judge released her decision in a case
launched by the Ecology Action Centre (EAC) to protect fish habitat from
destruction caused by dragging (see www.fct-cf.gc.ca). The judge upheld
arguments put forward by the Department of Fisheries and Oceans (DFO)
that the Department acted within its powers when it permitted dragging
to occur on Georges Bank, off the southwest coast of Nova Scotia.  

"We at the EAC and our great legal team from Sierra Legal Defence Fund
are deeply disappointed," says Mark Butler of EAC. "We began this case
in 2001 because we wanted a sustainable fishery, and nothing that DFO
presented in this three-year process has provided evidence that dragging
isn't destructive to fish habitat and to the productivity of the
fisheries. The Minister's silence speaks volume about the government's
total lack of integrity and leadership on this matter."

The Judge based her decision on matters relating to the powers of the
Minister of Fisheries and Oceans and the lack of a direct link between
an order allowing the opening of Georges Bank to fishing and the
resulting damage to fish habitat from dragging. She also dealt with the
issue of whether Section 35 of the federal Fisheries Act applies to
fishing.  However, she made no ruling on the question the groups
specifically wanted address: is DFO facilitating the destruction of fish
habitat in contravention of the Fisheries Act by allowing dragging?

 "Of course we want to win in court," says Butler, "But most importantly
we want to win on the water, where fish stocks are being depleted and
corals and sponges and all fish habitat is being destroyed each day by
draggers. Clearly, the Court has laid the task of stopping this
destruction at the feet of the Fisheries Minister, Geoff Regan. We
anxiously await his response."

The EAC and Sierra Legal are currently considering options for the
future of the case and the impact of the Court's decision that the
Fisheries Act does not protect fish habitat from destructive fishing
gear. 

The full decision is available on the Federal Court's website at the
following address:
http://decisions.fct-cf.gc.ca/fct/2004/2004fc1087.shtml

					- 30 -

For more information, please contact:
Mark Butler, Ecology Action Centre (902) 429-2202, www.ecologyaction.ca 
Rob Wright, Staff Lawyer, SLDF, (416) 368-7533 Ext. 31,
www.sierralegal.org
Mitch Anderson, Staff Scientist, SLDF, (604) 685-5618, Ext. 288



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