JOHN CUMMINS, M.P.
Delta - Richmond East
NEWS RELEASE
June 8, 2010
Another Conflict of Interest at Cohen Inquiry
Old hands from DFO are manning the bridge at the Cohen Inquiry into the
Department's management of Fraser River sockeye.
DFO's management of the fishery, including the "Department's scientific
advice, its fisheries policies and programs," is supposed to be under
scrutiny yet the Inquiry has DFO on both ends of the microscope.
The naming of Paul LeBlond as a scientific advisor is another example of
Justice Cohen's failure to understand conflict of interest. LeBlond has
advised every Minister of Fisheries since John Crosbie was Minister in
the early nineties.
He was appointed to head an inquiry into the disappearance of millions
of Fraser sockeye in 1994 but within a week was removed by Brian Tobin
when concerns arose about his close involvement with DFO.
LeBlond has issued numerous advisory reports to the Minister on DFO's
management of salmon. An example is a report requested by the Minister
to respond to criticism of the department's over escapement policy: a
practice that many believe has lead to the decline of Fraser sockeye.
The LeBlond report supported the department's policy, calling the idea
that it caused a stock collapse a "myth."
As the Inquiry reviews the policies and practices of the department in
recent years, it will be reviewing policies that LeBlond contributed to
in his various roles as an advisor to the Department of Fisheries and
Oceans. He will be investigating himself and his work. This is the
very definition of conflict that goes to the heart of what the Inquiry
is required by its terms of reference to investigate.
As one of DFO's principal "go to guys" LeBlond should not be sitting as
a science advisor to the Cohen Inquiry.
Again his appointment raises serious doubts about Justice Cohen's
inability to understand the obvious conflict of DFO toadies reporting on
themselves.
Contact: John Cummins, M.P.
(613) 992-2957, (cell) (604) 970-0937, (604) 940-8040 or
www.johncummins.ca?
Advice to Government on Fishery and Marine issues:
" March, 1982: prepared a report for DFO's Marine Environmental
Data Services Branch entitled, A Preliminary Review of Non Pectoral Wave
Properties: Grouping, Wave Breaking, and "Freak Waves.
" 1984: Appointed by the Minister of the Environment to prepare a
paper entitled, Final Report of the investigation of the storm of
October 11-14, 1984 on the west coast of Vancouver Island. In1981 the
Coast Guard had deactivated its two Pacific weather ships. Three years
later a storm sank fishing boats and claimed the lives of fishermen.
The LeBlond report determined that Environment Canada wasn't getting the
information it needed to detect big storms in time to warn fishing
vessels in coastal waters. When he was appointed to head the inquiry
into the de-staffing of light stations, the Coast Guard selected him
because they concluded that his 1984 storm report had "stood the
Department of Environment in good stead."
" 1987: headed a review of the Coast Guard's policy of unmanning
light stations. Recommended 30 of 41 light stations for downgrading or
full automation with 10 light stations to be de-staffed immediately.
" 1988: appointed to DFO's National Marine Council by Fisheries
Minister.
" May 25, 1993: appointed to the Fisheries Resource Conservation
Council by the Fisheries Minister. The Council is to advise the
Minister on scientific research and assessment priorities and
methodologies.
" July 1994: Quebec Hydro released a report of a panel of experts
on its environmental impact study on the Great Whale project to dam
major rivers in northern Quebec. The panel gave Hydro good marks for its
assessment of Great Whale's impact on plant and marine life. LeBlond was
a member of the expert panel.
" September 26, 1994: appointed to head an independent review
board into the disappearance of Fraser River sockeye by the Fisheries
Minister. On October 3rd the Minister replaced LeBlond as chair of what
was to become known as Fraser River Sockeye Public Review Board.
" September 1998: appointed to the Pacific Fisheries Resource
Conservation Council (PFRCC) by the Minister of Fisheries. This body
provides "strategic advice" to the Minister on wild Pacific salmon
stocks and their habitat. According to the PFRCC's Terms of Reference
"the members serve as advisors to the fisheries ministers of the
Province of British Columbia and the Government of Canada."
" 2000: Chaired DFO's Science Advisory Council
" June 28, 2001: appointed to the Independent Panel on Access
Criteria as part of the Atlantic Fisheries Policy Review by the Minister
of Fisheries. The job of the panel was to develop advice for the
Minister on fisheries policy in relation to access and allocation
decision-making.
" April 3, 2003: publication of DFO's The Future of Aquatic
Science in Canada. The policy document indicates that "written input has
been provided during various iterations" by LeBlond and DFO staff.
" June 8, 2004: publication of PFRCC report for the Minister
entitled, Does Over-Escapement Cause Salmon Stock Collapse. The report
was co-authored LeBlond, Riddell and Walters. It had been requested by
the Minister of Fisheries following criticism of DFO's policy of
producing over-escapement on the spawning grounds by the House of
Commons Fisheries Committee. The PFRCC report rejected the criticism of
the DFO policy of flooding the spawning grounds with spawners, calling
the concern that the policy would lead to stock collapse a "myth."
There are still concerns about this practice that will have to be
reviewed by the Cohen Inquiry. A recent study in Alaska rejects the
findings of the PFRCC report.
" May 24, 2005: appointed interim chair of the Pacific Fisheries
Resource Conservation Council by the Minister of Fisheries. Remained
chair until 2009.
" September 23, 2005: as chair of the PFRCC responded to a request
for advice from the Minister regarding the cost to acoustically tag and
monitor Cultus Lake sockeye smolts. The report advised the Minister to
utilize the work of the Pacific Ocean Shelf Tracking Project (POST).
" March 2, 2006: as chair of PFRCC he issued a report to Minister
in support of the Department's wild salmon policy entitled, Selection
and use of Indicators to Measure the Habitat of Wild Pacific Salmon. In
his letter to the Minister he noted "the council considered the release
of the Wild Salmon Policy to be a significant and very positive
development and accordingly undertook to provide implementation
assistance leading to the production of this report."
" October 4, 2007: - as chair of PFRCC he released the report,
Helping Pacific Salmon Survive the Impact of Climate Change on
Freshwater Habits.
***
Terms of Reference of the Cohen Inquiry (Sections referencing DFO)
Therefore, Her Excellency the Governor General in Council, on the
recommendation of the Prime Minister, hereby
(a)?directs that a Commission do issue under Part I of the Inquiries Act
and under the Great Seal of Canada appointing the Honourable Bruce Cohen
as Commissioner to conduct an inquiry into the decline of sockeye salmon
in the Fraser River (the "Inquiry"), which Commission shall
(i)?direct the Commissioner
(B)?to consider the policies and practices of the Department of
Fisheries and Oceans (the "Department") with respect to the sockeye
salmon fishery in the Fraser River - including the Department's
scientific advice, its fisheries policies and programs, its risk
management strategies, its allocation of Departmental resources and its
fisheries management practices and procedures, including monitoring,
counting of stocks, forecasting and enforcement,
(D)?to develop recommendations for improving the future sustainability
of the sockeye salmon fishery in the Fraser River including, as
required, any changes to the policies, practices and procedures of the
Department in relation to the management of the Fraser River sockeye
salmon fishery,
(b)?authorizes, pursuant to section 56 of the Judges Act, the
Honourable Bruce Cohen of Vancouver, British Columbia, a judge of the
Supreme Court of British Columbia, to act as Commissioner.