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.

Loder said he's seeking "stability" with the court challenge.

"When a minister of the Crown, in our view, makes a decision like this, there should have been dialogue with the certified bargaining agent, which is the legislation the government is responsible for," he told CBC News on Monday.

Loder added the ASP wants to make sure they have a say in future decisions.

"This is about people respecting the rules, and without rules we have chaos. And right now we have chaos," he said.

Loder hopes to have the matter addressed in the court as soon as possible, but he's also worried about the immediate impact on the sector.

"We've lost now or are about to lose several weeks of the fishery."

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