Disabled lobster licence holder wins again against DFO in court

The Department of Fisheries and Oceans has once again come under fire from the Federal Court for its handling of cases involving disabled lobster licence holders seeking exemptions from federal rules. Two Nova Scotia fishermen, Dana Robinson and John Mombourquette, have been at the center of this legal battle.

Robinson, a 63-year-old fisherman from the province’s southwest, has been unable to fish since 2009 due to a leg condition that makes it difficult for him to stand. Despite his inability to be on the water, he still manages other aspects of the lobster operation. Federal provisions allow for a substitute to fill in for a licence holder with a medical condition for up to five years. However, once that time period elapsed, Robinson was informed that he could no longer use a stand-in.

After a previous ruling in Robinson’s favor, the Department of Fisheries and Oceans reconsidered his case but ultimately denied his request for a continued exemption. Justice Richard Southcott has now ordered the department to re-examine Robinson’s case, stating that the deputy minister failed to properly consider whether the fisherman’s equality rights under the Charter were being violated.

Similarly, Mombourquette, a 79-year-old fisherman from eastern Nova Scotia, has been using a substitute on board since 2011. In 2019, he was informed that no further extensions would be granted. Represented by the same lawyer as Robinson, Mombourquette also received a favorable ruling from Justice Southcott this week.

These cases highlight the challenges faced by disabled fishermen in navigating federal regulations that require licence holders to be actively involved in fishing operations. The Department of Fisheries and Oceans has defended its policies, citing the need to ensure that licences are controlled by “owner-operators” in small coastal communities. However, critics argue that these rules may disproportionately impact individuals with disabilities or medical conditions.

As the legal battles continue, it is clear that the issue of accommodating disabled fishermen within the fishing industry remains a contentious and complex issue. The Department of Fisheries and Oceans has stated that it is reviewing the recent court decisions, signaling a potential shift in how these cases are handled in the future.