The Supreme Court has granted an injunction based on an application from the Association of Seafood Producers, ordering the FFAW to stop “declaring or authorizing” the ongoing tie-up in the snow crab fishery.
The application pointed specifically to comments made on and off social media by union executive, encouraging harvesters not to fish for the minimum price currently in play, arguing it’s too low and unfair.
But $5.30 a pound was the figure set by the legislated price-setting panel, established to settle such disputes in a lucrative fishery where time is of the essence.
Union lawyer Kyle Rees made an impassioned case for their right to free speech, arguing the FFAW shouldn’t have to “wear” all comments made by members on or off social media, and adding a person might be with the union, but not necessarily speaking for it.
ASP lawyer John Samms, however, saw it far differently, describing the current tie-up as a strike authorized by the union, which is prohibited by legislation. He said while while the union might not come right out and say don’t fish, “you still might be met by a mob on the wharf.”
Samms said once the price was set, the role for the union ended beyond normal advocacy, and harvesters should have the right to fish if they want to, free from public shaming and violence.
In the end, Justice Fonse Faour did order the FFAW to stop “declaring or authorizing” the current tie-up, though the line between advocacy and authorization remains murky at best.
As well, the order is only temporary, until the dispute goes before the Labour Relations Board on April 21st.
