Acted for Cermaq in two related judicial reviews of a Fisheries and Oceans Canada policy related to the transfer of fish, one of which was brought by the ‘Namgis First Nation and included claims that the policy was illegal, and that Canada failed to consult and accommodate ‘Namgis. The two judicial reviews (along with a third judicial review for which Cermaq was not a party) were heard over five days in September, 2018, and the Federal Court has reserved judgement. The judicial review is important as the ‘Namgis seek a remedy that would interfere with Cermaq’s ability to transfer fish in the course of its operations.
Fasken advised Cermaq Canada represented by Kevin O'Callaghan and Dani Bryant.