B.C. court rejects mink farmers' lawsuits over industry shutdown

The British Columbia Supreme Court has rejected lawsuits by mink farmers challenging a provincial shutdown of the industry over COVID-19 concerns.

A ruling by Justice Amy Francis says "highly publicized incidences" of COVID-19 outbreaks on mink farms prompted Provincial Health Officer Dr. Bonnie Henry to order the industry to "take various measures to prevent the spread of the virus" in July 2021.

The ruling says the province then moved to ban mink farming in November 2021, and to phase it out completely by April 2025 when all activities including keeping and dealing in pelts will be prohibited.

Five mink companies launched lawsuits against the province, Henry, Agriculture Minister Lana Popham and B.C.'s chief veterinarian.

The ruling says the mink farms claimed to be blindsided when the province enacted the total ban, which they alleged was for improper political purposes.

But Francis ruled the lawsuits were "bound to fail" because the core of their claims was "based on a misunderstanding of our system of responsible government." 

The plaintiffs accused the defendants of misfeasance, claiming the ban was put in place for "improper collateral, political, social or public opinion reasons."

It also accused the province of constructive taking, or de facto expropriation, alleging the ban amounted to a "forcible acquisition by the province of privately-owned property for public purposes."

They said the province benefited from the ban by claiming to preserve and promote public health, and satisfy public opinion.

Francis rejected the idea that the plaintiffs acted unlawfully.

The plaintiffs accused the defendants of being "influenced and/or pressured by others," but Francis said "consulting with public officials, lobbyists, or members of the public is a proper part of cabinet's decision-making process."

The judge also dismissed the claim of constructive taking, saying she could not find that the alleged political or public opinion benefits of the ban could amount to an "advantage flowing from the plaintiffs' property."

"The claim of constructive taking is fundamentally flawed and cannot be saved by amendment," Francis wrote.

B.C.'s Ministry of Agriculture said in 2021 that the decision to phase out mink farms was based on data that showed mink were "reservoirs" for spreading the SARS-CoV-2 virus to humans and posed an ongoing danger to public health. 

In 2020, the government of Denmark culled around 17 million mink, including healthy ones, after people were sickened by a mutated version of the coronavirus that had been observed among the animals.