New BrunswickThe federal government is seeking to dismiss a lawsuit that alleges the Department of Fisheries and Oceans has mismanaged Atlantic salmon in the Miramichi River.Save Miramichi Salmon Inc. claims federal fisheries minister prioritizes striped bass over salmonJordan Gill · CBC News · Posted: Dec 10, 2025 3:52 PM EST | Last Updated: 3 hours agoListen to this articleEstimated 3 minutesThe audio version of this article is generated by text-to-speech, a technology based on artificial intelligence.Save Miramichi Salmon Inc. alleges the salmon population in the Miramichi River dropped by about 96 per cent between 2010 and 2024. (Nick Hawkins/Submitted by Atlantic Salmon Federation)The federal government is seeking to dismiss a lawsuit that alleges the Department of Fisheries and Oceans has mismanaged Atlantic salmon in the Miramichi River.Earlier this year, Save Miramichi Salmon Inc. filed a statement of claim in Federal Court arguing that the fisheries minister has breached their duty to conserve Atlantic salmon in the river, favouring the striped bass fishery in the Gulf of St. Lawrence.In its March 14 statement, the group claims that between 2010 and 2024, the river’s salmon population declined by about 96 per cent.Meanwhile, during the same period, the population of striped bass in the area jumped, the statement of claim said.According to the group, a 2019 report from a standing committee of the Department of Fisheries and Oceans said the department should “prioritize the long-term balance” of fish in the river.Save Miramichi Inc. is asking the court to look at a “crisis” that is of the “minister’s making,” said Ian Knapp, who represents the plaintiffs.Knapp contends the minister has refused to reconsider evidence and act.He also argued that Parliament requires the minister to have conservation as an obligation in fisheries, adding the minister “hasn’t done it at all.”Crown positionBut in Fredericton court on Wednesday, the federal government sought a motion to strike the case before it is heard, arguing several points.Catherine McIntyre, representing the Attorney General of Canada, questioned Save Miramichi Salmon Inc.’s standing to file suit, as the group represents several individuals with various levels of interest.Save Miramichi Salmon Inc.’s statement of claim defines the group as a non-profit “advocating for the protection and survival of the Atlantic salmon populations of the Miramichi River.”“The plaintiff’s members are individuals who hold rights and interests in the Miramichi River, including various proprietary, business interests and private and public rights of fishery,” the claim says. Furthermore, McIntyre said the statement of claim offers no reasonable cause of action and the plaintiffs don’t claim any damages.“It’s really a general complaint about the management of the fishery,” she said.McIntyre said the minister is given a lot of leeway to make decisions regarding their portfolio and the courts have tended to err on the side of the minister in the past.And since the claim only seeks a declaration about the minister’s actions, and doesn’t claim damages, McIntyre said she’d be “hard-pressed to know what it is I’m defending.”While Knapp agrees that ministers do have a great deal of discretion, there is no such thing as “absolute discretion,” he said, adding the claim seeks to “establish guardrails around the minister’s discretion.Knapp argued the case should be allowed to go ahead as courts should give the benefit of the doubt to plaintiffs and only approve a motion to strike in extraordinary circumstances.Justice William Pentney said he would take the arguments under advisement and render a decision “as soon as feasible.”ABOUT THE AUTHORJordan Gill is a reporter based in Fredericton, New Brunswick.
Feds seek to dismiss lawsuit over alleged Atlantic salmon mismanagement
