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Writer's picturerryancleary

Fisheries Act is clear: controlling agreements that give companies power over inshore boats/quota are illegal — so why isn't DFO enforcing the law?

That's the question left hanging ever since DFO NL shut down three separate investigations earlier this month into alleged illegal controlling agreements — including one case in which a harvester actually confessed to being in one with Quinlan Brothers Ltd. No charges laid. All cases closed. No explanation. Why isn't DFO NL enforcing the law?

Cartwright, Labrador.



La Scie fisherman Jimmy Lee Foss confessed to DFO in January to being in an alleged illegal controlling agreement with Quinlan Brothers Ltd. DFO read him his rights, and launched an investigation.


But then DFO informed Foss recently that the investigation has concluded, with no charges pending. Two other separate DFO investigations into alleged controlling agreements have also been shut down.


On Foss's behalf, I submitted a number of questions to DFO regarding his case. (Find the two-page response below.)


The bottom line is that DFO will release precious little information on the cases or why they have been dropped.


DFO can't even say straight-up whether controlling agreements remain illegal, although the department seemed to say the term "controlling agreement" has been retired.



Indications are DFO's Conservation and Enforcement division dropped the investigations after its Licensing division released the commercial fishing licences — knowingly breaking Atlantic Fishery regulations.


Why did DFO Licensing release the licences?


Forget an inquiry, a RMCP investigation may be warranted into obstruction of justice under both the Criminal Code of Canada, and the federal Fisheries Act.


MORE BACKGROUND


An argument could be made that DFO is favouring/protecting the big-money, big-boat sector as of late: Trudeau/O'Regan out to kill inshore fishery by favouring big-money, big-boat sector (and DFO NL is their lackie)


Controlling agreements are most definitely an issue.


In December, a federal House of Commons fisheries committee recommended the creation of a fishery financing agency to finance new entrants/refinance existing licence holders "to become independent of illegal trust and supply agreements with processors."


The NL government actually announced a $15-million enterprise loan program in May, a drop in the bucket compared to the suspected hundreds of millions of dollars in loans/guarantees between processing companies and inshore enterprise owners.


Ryan cleary is a former journalist, Member of Parliament, union leader, and long-time inshore fisheries advocate who’s currently helping to organize a co-operative (fpcnl.ca) for inshore enterprise owners. The opinions expressed in this blog are his own. Contact him at fpc-nl@outlook.com or call/text 709 682 4862.

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