Law360 Canada ( June 28, 2022, 5:34 AM EDT) -- Applications for judicial review of a decision (Decision) by the Minister of Fisheries, Oceans and Canadian Coast Guard (Minister) to end the salmon farming industry in the Discovery Islands of British Columbia. The Minister’s decision was contained in a December 2020 press release and announced an intention to phase out existing salmon farming facilities in the Discovery Islands, stipulated that no new fish of any size may be introduced into Discovery Islands facilities during that time, and mandated that all farms be free of fish by June 30, 2022. Four participants in the salmon fish farming industry in the Discovery Islands (applicants) filed applications for judicial review. They asked for the production of the Certified Tribunal Record (CTR). In the CTR, they found a Memorandum written by the Deputy Minister to the Minister, containing a recommendation to the Minister to end the salmon farming industry in the Discovery Islands. The Minister concurred with the recommendation. The news release and the Minister’s notation accepting the recommendation made up the Minister’s Decision. The applicants submitted that according to the CTR, the Minister herself referred to a “licencing” decision. They argued that as such, the basic elements of procedural fairness were due, that they were entitled to know what was under consideration, that they were given no notice of a plan to stop transfers into the fish farms, and that they were denied the opportunity to be heard. The Minister submitted that the Decision was a policy decision, made in the exercise of her statutory powers to manage the fisheries, in the interests of the people of Canada, with special attention to the interests of First Nations. The Minister said that the applicants knew what was under consideration since she had engaged in discussions with industry and the First Nations. She said that each applicant had the opportunity to raise their concerns, including the strength of the science relied on by the Department of Fisheries and Oceans (DFO), sea lice, relationships with First Nations, and the socio-economic impacts of the Decision. The Minister alleged the applicants had actual knowledge of the pending plan as the result of their participation in meetings with the Finfish Aquaculture Industry Advisory Panel (FAIAP), in October and November 2020. Intervenors representing First Nations supported the Decision....