Court Tightens Injunction Against Blockades Canadian Judge Issues Permanent Injunction Barring Action By Fishermen

A Canadian judge Monday toughened an injunction against further blockades by fishermen who held up an Alaska ferry in a salmon quarrel with the United States.

Federal Court Justice Barbara Reed issued a permanent injunction to replace a temporary one ordering British Columbia fishing fleets not to hinder Alaska ferries passing through Canadian waters.

“Civil disobedience is not a remedy the court can accept,” Reed said.

Fishing boats surrounded the ferry Malaspina at its Prince Rupert dock July 19 and held the vessel for more than two days. Fishermen said they were protesting what they call illegal interception of Canadian-bound sockeye salmon by Alaska fishing fleets.

Reed also lifted a provision of the temporary injunction issued last week that prevented the ferries from carrying fresh fish through Canadian waters. Alaska leaders said the ban would have prohibited ferries from carrying fish down the British Columbia coast to Washington.

Allowing ferries to carry fish through Canadian waters will not sit well with British Columbia fishermen, who say Alaska catches more than its share of Pacific salmon, said John Cummins, a member of federal parliament from the Vancouver suburb of Delta.

“The fish, or at least some of the fish, that they’re going to be transporting will be Canadian fish and we are somewhat resentful of that,” said Cummins, who spoke on behalf of British Columbia fishermen at the court hearing.

Besides the injunction, Alaska is seeking damages from fishermen for lost ferry revenue and other costs resulting from the blockade. The state also wants the Canadian government to reimburse some of those costs.

Since fishermen freed the Malaspina July 21, Alaska has readjusted its ferry schedule to bypass Prince Rupert. Gary Hayden, director of the Alaska Marine Highway System, said ferry service to Prince Rupert would not resume unless the state has solid guarantees that the Canadian government will enforce laws to prevent more blockades.

“It’s up to the Canadian government to say what assurances they can provide that they recognize the lawful right of these vessels to have safe passage,” said Bob King, spokesman for Alaska Gov. Tony Knowles.