Judge rules in favour of ASP in crab price deadline challenge, minister says he'll change legislation

The Association of Seafood Producers won its court challenge on Wednesday, arguing that Fisheries Minister Gerry Byrne acted outside his authority by moving the snow crab price setting deadline and that the move was contrary to the Fishing Industry Collective Bargaining Act.

Justice Alexander MacDonald said the only reasonable interpretation of the legislation is that the minister can change the date only if all parties ask him to do it. Only the Fish, Food and Allied Workers union (FFAW) had made that request to Byrne.

Despite for the court's decision, Byrne says legislation is subject to interpretation and he thinks his decision to move the date was the right thing to do. 

"We are going to table legislation, an amendment, to allow this to occur lawfully," Byrne told CBC News.

But MacDonald says Byrne made the best decision he could under the circumstances. He also said there isn't any evidence that the minister had improper motives to move the date to April 13.

Byrne told CBC News he felt as though there was a positive relationship between the ASP and FFAW, and that both the government and ASP were notified of the request for delay. 

"I am gob struck … [that] when a person faces an uncertainty, someone in such a lead role as that, that empathy could not be provided," said Byrne. "That's quite remarkable in my opinion." 

Strained relationship 

Ray Critch, representing the FFAW, says the union made the request when FFAW president Dwan Street fell ill.

Street was a key negotiator, and Critch says it was important for the union to have her involved in the process.

"The ASP had made clear by that point that they weren't willing to accommodate any delays," said Critch. "In the end, the relationship between the association and the union is a strained one."

Critch says the court's decision was unfortunate.

"I think ultimately the minister has to have some discretion when they need to … be able to change the date," he said.

But ASP executive director Jeff Loder says the minister's decision was wrong, and the date change resulted in a delay in the fishery.

"It's never a good day in Newfoundland and Labrador when a minister of the Crown or any government minister acts in a way, makes a decision, that is not consistent with the rules," Loder said Wednesday. 

Loder says the ASP never was made aware of FFAW's request to delay the price setting date. 

"At a minimum, there should have been consultation and we could have had a discussion about this," he said.

Both the ASP and FFAW submitted their pricing recommendations. The panel hearing began on Apr. 6, and a decision is due on Thursday — the crab season's opening day.

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