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Marine Harvest seeks Injunction take 3

Update November 13, 2017

On November 07, Marine Harvest served court documents to the First Nations who have been living on their farms for the past 80 days. It was a notice of application to the court seeking an injunction. Marine Harvest is demanding that First Nations leave the farm sites, remove all structures and never return.

Marine Harvest serves Molina Dawson notice of application for an injunction on Midsummer Island farm - photo by Alexandra Morton

The position of the Musgamagw is that they have been asking the industry to leave their territory for the past 30 years and have been ignored. They attribute the collapse of wild salmon and herring in their territory largely to the presence of salmon farms. Numerous scientific publications over 17 years on the chronic sea louse outbreaks and the now emerging scientific information on the impact of piscine reovirus strongly support their position.

Marine Harvest sent their employees and a security guard to serve the application to Molina Dawson and Karissa Glendale over 12 hours after the deadline stated in the court document.

Order by endorsement

This is the 3rd attempt Marine Harvest has made to win an injunction against First Nations to keep them off their farms. The first was in the fall of 2016 in response to a day of ceremony on the Marine Harvest Midsummer farm. Sixty people boarded the Midsummer farm and some weeks later Marine Harvest served Alexandra Morton, John and Jane Doe and all person unknown who boarded that farm.

When three Dzawada’enuxw leaders, Joe Willie, Willie Moon and Farron Soukochoff from Kingcome Village stood up and fired back that in their view it is Marine Harvest that is in trespass, Marine Harvest dropped all charges against John and Jane Doe.

Then on October 16, 2017 Marine Harvest served Morton and First Nations for boarding their farm in Knight Inlet, called Port Elizabeth. On the morning of the hearing a few days later, Marine Harvest mysteriously and without comment withdrew the application.

Served on P Eliz

Now Marine Harvest has decided to try get up the nerve to go through with this precedent-setting effort to dislodge First Nation from their own territory.

The hearing is set for 0945am, Tuesday November 14, The Law Courts, 800 Smithe St., Vancouver.

In response to Marine Harvest’s legal action many people, both indigenous and non-indigenous, have arrived at the farm site in boats and to stay on the boats already on scene.

More people

Occupiers from Sointula

Marine Harvest has gambled for years that they could squat on tenures granted only by the provincial government, not sanctioned by the nations who never gave up control and responsibility for these waters. Marine Harvest has presumably made millions off this gamble, but now this game is over. Apparently the CEO’s of Marine Harvest felt it didn’t matter whether they were invited or not. They loudly proclaim to all who will listen they have deals with many nations with BC, however, they don’t have a deal with the Musgamagw Dzawada’enuxw, Mamalilikulla or Namgis, and that is all that matters here. No one is going to put up with unwanted guests who got permission to enter your house from the guy next door, but that is essentially what is going on here.

So lets see what the court has to say tomorrow. Marine Harvest will likely argue that the health of their fish depends on resuming the restocking of their Midsummer farm, which has been delayed by the presence of observers on the farm since September 8th. However by the looks of the fish in Midsummer, these fish have a lot of problems simply because they are in a Marine Harvest fish farm.

Midsummer Nov 12 blind emaciated Midsumer Nov 12 open soresm

I remain the only non-indigenous person named in the repeated threats by Marine Harvest. My fate was sealed the day I followed orca into these waters on a cool, rainy October day in 1984. The bright light shining over these past three months of intense effort is the people who have heard the call and continue to come from many corners of this planet to stand with us, bringing renewed energy, new ideas, and the simple remarkable gift of their presence. I hesitate to show too many pictures of them to keep them out of the jaws of Marine Harvest, but I am deeply grateful for the presence of each of you.

And there there was this very casual fellow, a sea otter snoozed as the current swept him past the end of the farm yesterday. I was so glad he kept going and didn't linger in the oily pollution wafting from the pens as the feeders spun greasy pellets into these waters.

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