Little Hawk
Active Member
She's still slugging it out with a bureaucracy laden legal system and she's not quitting.
We can support her by sending Gerhart an email encouraging the DOJ to take the case and prosecute Marine Harvest to the fullest extent of the law since the DFO - the official stewards of Wild Salmon - are conspicuously absent in this initiative.
On February 2, lawyer Jeffery Jones and I were back in court with my charges
against Marine Harvest for illegal possession of wild pink salmon by-catch. On
the previous date (January 4) Judge Saunderson instructed the Department of
Justice to inform the court on this day as to whether they will be assuming
conduct of this case.
However, Todd Gerhart of the Department of Justice was only prepared to tell
the judge that he would make his decision “soon.” When the judge asked for
a specific time, Gerhart did not answer. In response the judge stood the
issue down and recalled us later in the day.
Marine Harvest used this opportunity to request disclosure of the “in
camera” process hearing. This was a closed-door meeting between myself, a
witness, my lawyer and the judge wherein the judge reviewed our evidence and
decided the charge could move forward. The Marine Harvest Lawyer, Chris
Watson held up some case law. Although the precedent he offered was from a
different situation, we have nothing to hide and agreed. The Marine Harvest
lawyer asked that I bear the cost of transcribing the process hearing, but
Judge pointed out it was already transcribed.
Finally, Marine Harvest requested an arraignment date in April and so that
is when we will learn if the Department of Justice will assume contact of
this case.
I felt disappointed that DOJ couldn’t give us a decision sooner, despite the
previous court order. Spring is coming to us again and with it all the
young wild salmon and herring that can be entrapped, detained, destroyed,
fed artificial food or even preyed on in salmon farm nets. However, I have
learned the courts cannot be hurried and we should take heart that while
this may be slow, at least it is not going backwards.
Mr. Gerhart might decide not to assume this case. Or he could decide to take
it over and stay the charges. Or he could decide to conduct a trial and
bring the resources of the Department of Justice and our substantial
evidence in support of the wild fish that are being removed by fish farm
by-catch. Mr. Gerhart appears to be very concerned with fairness and the
public interest and has two decisions to make.
1. *What is the likelihood of conviction?* – On this point I can say we
have: witnesses, samples of the wild juvenile salmon, and written
admission from Marine Harvest that they had wild salmon in their
possession.
2. *Is this in the public interest* – So I put this to you. Are you
interested in seeing the laws of Canada applied to Marine Harvest to
prevent them from taking wild fish without a licence or any record of
quantity?
Mr. Gerhart says he is still willing to review new information about this
case regarding the public interest. I look forward to providing further
information to Mr. Gerhart to help establish the public interest in this
prosecution. If other people feel the same way, Mr. Gerhart can be contacted
directly at: Todd.gerhart@ppsc-sppc.gc.ca
This may be a critical time to demonstrate once and for all to the Canada’s
Department of Justice how important wild fish are to the people of British
Columbia.
"Some could care less if there's any fish left for our kids!"
We can support her by sending Gerhart an email encouraging the DOJ to take the case and prosecute Marine Harvest to the fullest extent of the law since the DFO - the official stewards of Wild Salmon - are conspicuously absent in this initiative.
On February 2, lawyer Jeffery Jones and I were back in court with my charges
against Marine Harvest for illegal possession of wild pink salmon by-catch. On
the previous date (January 4) Judge Saunderson instructed the Department of
Justice to inform the court on this day as to whether they will be assuming
conduct of this case.
However, Todd Gerhart of the Department of Justice was only prepared to tell
the judge that he would make his decision “soon.” When the judge asked for
a specific time, Gerhart did not answer. In response the judge stood the
issue down and recalled us later in the day.
Marine Harvest used this opportunity to request disclosure of the “in
camera” process hearing. This was a closed-door meeting between myself, a
witness, my lawyer and the judge wherein the judge reviewed our evidence and
decided the charge could move forward. The Marine Harvest Lawyer, Chris
Watson held up some case law. Although the precedent he offered was from a
different situation, we have nothing to hide and agreed. The Marine Harvest
lawyer asked that I bear the cost of transcribing the process hearing, but
Judge pointed out it was already transcribed.
Finally, Marine Harvest requested an arraignment date in April and so that
is when we will learn if the Department of Justice will assume contact of
this case.
I felt disappointed that DOJ couldn’t give us a decision sooner, despite the
previous court order. Spring is coming to us again and with it all the
young wild salmon and herring that can be entrapped, detained, destroyed,
fed artificial food or even preyed on in salmon farm nets. However, I have
learned the courts cannot be hurried and we should take heart that while
this may be slow, at least it is not going backwards.
Mr. Gerhart might decide not to assume this case. Or he could decide to take
it over and stay the charges. Or he could decide to conduct a trial and
bring the resources of the Department of Justice and our substantial
evidence in support of the wild fish that are being removed by fish farm
by-catch. Mr. Gerhart appears to be very concerned with fairness and the
public interest and has two decisions to make.
1. *What is the likelihood of conviction?* – On this point I can say we
have: witnesses, samples of the wild juvenile salmon, and written
admission from Marine Harvest that they had wild salmon in their
possession.
2. *Is this in the public interest* – So I put this to you. Are you
interested in seeing the laws of Canada applied to Marine Harvest to
prevent them from taking wild fish without a licence or any record of
quantity?
Mr. Gerhart says he is still willing to review new information about this
case regarding the public interest. I look forward to providing further
information to Mr. Gerhart to help establish the public interest in this
prosecution. If other people feel the same way, Mr. Gerhart can be contacted
directly at: Todd.gerhart@ppsc-sppc.gc.ca
This may be a critical time to demonstrate once and for all to the Canada’s
Department of Justice how important wild fish are to the people of British
Columbia.
"Some could care less if there's any fish left for our kids!"
