A Supreme Court judge has ruled that Fisheries Minister Gerry Byrne overstepped his authority in delaying the setting of prices for this year’s snow crab fishery.
In his decision this morning, Justice Alexander MacDonald said Byrne had no right to change the deadline from April 1st to April 13th.
The judge said while the legislation states the minister “may” alter the date, that can only happen with joint consent from the parties involved.
Fisheries Minister Gerry Byrne (VOCM News/file)
That was not the case here, with the minister delaying the price-setting for two weeks at the request of just the FFAW, due to sickness of a chief negotiator, but without consulting the Association of Seafood Processors.
Justice MacDonald cited comments by fisheries ministers over the years on the importance of setting one date, and setting it early, as time is always of the essence with the fishery.
That said, the ruling will have no impact on the current price-setting process, since hearings were held on Sunday, and the parties are waiting with baited breath for a decision, which could come as early as today.
However, the judge noted his ruling will have consequences for other fisheries, in other years.
He added he didn’t believe Byrne had any “improper motive” in delaying the date, concluding he felt he could do so in the circumstances.
