Latest news with #FishingIndustryCollectiveBargainingAct
CBC
09-04-2025
- Business
- CBC
Judge rules in favour of ASP in crab price deadline challenge, minister says he'll change legislation
Fisheries Minister Gerry Byrne says he is "gob struck," claiming the ASP did not provide empathy when FFAW president Dwan Street fell ill. (Ted Dillon/CBC) 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. Fish, Food and Allied Workers union lawyer Ray Critch says the ASP wasn't willing to accommodate delays to setting the crab price. (Ted Dillon/CBC) "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. Association of Seafood Producers executive director Jeff Loder says his organization should have been consulted before Fisheries Minister Gerry Byrne pushed the crab price deadline. (Ted Dillon/CBC) "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. Download our free CBC News app to sign up for push alerts for CBC Newfoundland and Labrador. Sign up for our daily headlines newsletter here. Click here to visit our landing page.
Yahoo
09-04-2025
- Business
- Yahoo
Judge rules in favour of ASP in crab price deadline challenge, minister says he'll change legislation
Fisheries Minister Gerry Byrne says he is "gob struck," claiming the ASP did not provide empathy when FFAW president Dwan Street fell ill. (Ted Dillon/CBC) 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. Fish, Food and Allied Workers union lawyer Ray Critch says the ASP wasn't willing to accommodate delays to setting the crab price. (Ted Dillon/CBC) "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. Association of Seafood Producers executive director Jeff Loder says his organization should have been consulted before Fisheries Minister Gerry Byrne pushed the crab price deadline. (Ted Dillon/CBC) "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. Download our free CBC News app to sign up for push alerts for CBC Newfoundland and Labrador. Sign up for our daily headlines newsletter here. Click here to visit our landing page.
CBC
03-04-2025
- Business
- CBC
Seafood producers confident in court challenge against N.L. government, fisheries union
Justice Alexander MacDonald will make a decision next week The Association of Seafood Producers had its first day in court on Wednesday, challenging the Newfoundland and Labrador government and fisheries union over what it calls " political interference" during price setting negotiations ahead of the snow crab season. The court challenge was prompted when Fisheries Minister Gerry Byrne moved the price setting deadline to April 13, following a request from the Fish, Food and Allied Workers union. The ASP says Byrne acted contrary to the Fishing Industry Collective Bargaining Act and turned to the Supreme Court of Newfoundland and Labrador to quash the date change. "If the minister's decision is quashed, and we expect it to be because he broke the law, then we're in the situation where we don't have a minister's date," ASP executive director Jeff Loder told reporters outside of the court house on Wednesday. "The Supreme Court can't direct a panel date or can't direct, necessarily, a minister's date. So this is the chaos that's created when you have interference in a process." Wednesday's court appearance was focused on the Fishing Industry Collective Bargaining Act and whether or not the minister can change the date without input from both the FFAW and ASP. Justice Alexander MacDonald said he will have a decision next week. 'Wasted time' FFAW lawyer Ray Critch called the court challenge a waste of time, money and energy. He says the minister can move the date without input from both sides. "We think the legislation is fairly clear that he does have authority and more importantly, as a practical reality, the minister has to be able to adjust the date when there are emergency circumstances like a significant linchpin negotiator falling ill," he said. Snow crab is Newfoundland and Labrador's largest and most lucrative fishery, said Critch, and that price negotiations will continue. He says he's ready for a panel meeting on Sunday or Monday. If the decision for date setting is in the minister's hands, Critch said that will prevent one party from being able to "hijack" the process. Tariff troubles Another looming problem over the price setting negotiations has been U.S. President Donald Trump, his threats of tariffs and the ambiguity over what products could be impacted. Loder says there has to be a mechanism to deal with tariffs and the ASP was proposing two prices, depending on whether tariffs are enacted. Later on Wednesday, Trump revealed the countries he was targeting in his expanding trade war, which did not include Canada. There are also exceptions for importers who can prove the products they're bringing in from Canada are compliant with the U.S.-Canada-Mexico Agreement. "After today, ASP's position will change whether there are tariffs or not — how we deal with tariffs has to be into the collective agreement or I will not be signing it," said Loder ahead of Trump's announcement. Critch said one problem with the on-again-off-again tariff threats is the uncertainty of how the market will absolve the new costs. He said consumers, distributors, processors and FFAW members will likely bear some of those costs. "Our position is there has to be some accounting for tariffs and we're building that into our proposal as well. But how those tariffs play out, nobody knows yet," said Critch.
CBC
31-03-2025
- Politics
- CBC
ASP takes provincial government to court, alleging 'political interference' over pushing crab price deadline
The Association of Seafood Producers is accusing the Newfoundland and Labrador government of interfering in the price setting process for the annual snow crab harvest — and it's launching legal action against the province as well as the Fish, Food and Allied Workers union. The deadline for price setting was April 1, but last week Fisheries Minister Gerry Byrne shifted the date to April 13. According to documents filed at the Supreme Court of Newfoundland and Labrador, the ASP has turned to the courts to quash that order. "This matter is urgent. The fishery was to have started on April 1, 2025. The fisheries minister had improperly interfered with the operation of the panel as the purported date change in ultra vires," wrote lawyer Stephen Penney in the ASP's application. The ASP is alleging "political interference" by Byrne and says the minister acted contrary to the Fishing Industry Collective Bargaining Act. In the court application, the ASP says it, the FFAW and the price panel received a letter from Byrne informing them the new deadline would be April 1. The ASP says Byrne then pushed the date because the FFAW made the request as it was looking to replace its key negotiator. "The correspondence came as a shock to ASP. ASP had not been advised of any such issue relating to the FFAW's lead negotiator," wrote the ASP in court documents. The ASP is asking for Byrne's decision to be "quashed," in part because it says the decision to change the date "was an unreasonable exercise of statutory authority." It also alleges Byrne's decision was unfair, as the ASP wasn't informed of the FFAW's request before the decision came down and was not given time to respond. The ASP also said the FFAW had previously tried to get the panel postponed over the uncertainty around U.S. tariffs being implemented. The ASP wants the court to declare that Byrne can't alter the price setting deadline, as well as have him breakdown the reasoning for changing the date. The ASP is also looking for "the evidence and all exhibits filed, if any, and all things touching the proceeding as fully and entirely as they remain in their custody," and wants to be awarded the cost for the application and any other relief the court finds suitable. None of the allegations have been proven in court. Both Byrne and the FFAW turned down interview requests. Hurting the industry The ASP argued that changing the price setting deadline will have far-reaching and negative effects on Newfoundland and Labrador's fishing sector, including hurting market confidence and the province's ability to manage the sector. In a statement on Friday, executive director Jeff Loder alleged government interference was hurting the industry. "The industry cannot function when decisions are delayed and disrupted by politics and pressure," Loder wrote. "Families, harvesters, plant workers, and entire communities depend on this fishery. This is about more than prices — it's about stability, trust, and the rule of law."
