NCC has successfully protected its right to fish its special (Indigenous) allocation provided in the Minister of Fisheries and Oceans’ (DFO) decision to reopen the Northern Cod Fishery. This also protects 2J fishers, the vast majority of which are NCC members.
The Fish, Food, and Allied Workers Union (FFAW) is seeking a review by the Federal Court of the Minister’s decision. In the meantime, the FFAW sought an injunction suspending the reopening of the Northern Cod Fishery until its review was heard. The suspension of the reopening of the Northern Cod Fishery would have prevented NCC from fishing its special allocation of the established total allowable catch, among other things.
On Friday, October 11, 2024, NCC appeared before the Federal Court and successfully argued for a dismissal of FFAW’s request for an injunction.
In its decision, released on October 17, 2024, the Court found that an injunction was not justified in the circumstances as FFAW did not establish any irreparable harm. The Court declined to award an injunction to FFAW where it had already fished its own allocation.
In addition, the Court found that, if an injunction was granted, the possible harm to the Respondents, including NCC, clearly outweighed any potential harm to FFAW. As a result, the Northern Cod Fishery as authorized by DFO can proceed without interruption.
NCC will continue to pursue the self-management of our fishery that feeds our families, ensures the livelihood of our fishers and people and sustains our communities.
Photo credit: Shirley Moores. Webber and Elson crew hauling cod trap Spotted Island, Labrador. August 1989.