:
Thank you very much, Mr. Chairman.
Mr. Rhyno and I would like to thank the committee for inviting us to appear to clarify matters surrounding the issue of a crab fishing licence to Mr. Rhyno in 2009. We are pleased to be here today to set the record straight on that event. I will make a presentation that should take about 12 minutes, so I hope you'll bear with me. I will leave that submission with the committee, together with the supporting information I will reference during the presentation.
Tim Rhyno has been a professional crab fisherman for some 20 years and has devoted considerable time and resources to the development of the snow crab fishery. He was one of the first to explore the slope of the Scotian Shelf in crab fishing areas 23 and 24. Until recently, he did not hold a snow crab licence. He fished crab for other quota holders. The information on this case that has been circulated in this committee, in the House of Commons, and in the media by various individuals has been largely inaccurate and misleading, causing great distress to Mr. Rhyno and his family.
I'm sure that many of you live in small towns and villages and understand how fast information travels and the impact it can have on the citizens of those communities. Mr. Rhyno has tried to ignore these flare-ups in the hope that over time they would go away. He is now at the point at which he feels he can no longer stand by and tolerate these inaccurate accounts being circulated.
There are five issues that are important for a full understanding of how this licence was issued. The first issue is the process for the expansion of the slope fishery. In the year 2000, DFO sought to expand the crab fishery on the slope area of the Scotian Shelf in crab fishing areas 23 and 24 through the use of the emerging fisheries policy. This policy consists of a three-step process: a science-based evaluation, an exploratory fishery, and finally, a commercial fishery. The intent of the policy is to award commercial licences to the participants of the first two stages, should the fishery indicate commercial potential.
Mr. Rhyno participated in the scientific stage and was one of a few who satisfactorily completed the 2000 DFO survey of area 23. By 2003 it was evident that an increase in effort was warranted, and DFO decided to go to the second step, an exploratory fishery. A public, open process was conducted. Criteria were published. A call for proposals was made and submissions were evaluated. A public draw from among the qualified candidates was held, and the names drawn were put in order of priority for entry into the fishery. Mr. Rhyno was second on that list.
The then Minister of Fisheries and Oceans, the Honourable Robert Thibault, issued a permit to the first person on the list for the 2003 season, and further decided that a second permit was to be issued to the second person on the list, Mr. Rhyno, for the 2004 season, assuming a positive stock assessment. That intention is outlined in a hand-written note by the DFO assistant deputy minister in a briefing note to the minister dated May 30, 2003. I have that with me today, and I'll leave it with the committee.
Unfortunately for Mr. Rhyno, in May of 2004 Mr. Thibault's successor, the Honourable Geoff Regan, chose not to proceed to issue the second exploratory permit. Mr. Rhyno was never informed why Mr. Regan chose not to proceed as planned.
The second issue surrounds the Gardner panel. The next step was begun by a letter from the assistant deputy minister to Mr. Rhyno in May of 2004 confirming that the licence would not be issued but that Mr. Rhyno's situation, and I quote, "as the next in line for access will be considered when the long-term plan for 2005 and out years is established".
At DFO's suggestion, Mr. Rhyno and his representative made a presentation to the ad hoc panel created by the minister to develop advice for 2005--that was the Gardner panel. In its final report, the Gardner panel addressed Mr. Rhyno's case in recommendation number eight:
If the slope edge is integrated into CFA 23-24 as recommended, no additional access should be permitted into this CFA,
--and this is the point I would highlight for the committee--
subject to the outcome of the application process of the next in line for access. The Panel heard a submission from an individual who presented a case for access based on what was described as a commitment in writing from the Department. The Panel was not struck to adjudicate individual cases, but this application seems to be a matter the Department must resolve.
Now remember, this was in early--
:
Sure. I'm a Cape Breton Newfoundlander, you know.
You must remember that this was in early 2005, I believe. Minister Thibault's decision was in 2003, the licence was to be issued in 2004, and this was in early 2005.
There was no dispute that the panel was referring to Mr. Rhyno's case. Mr. Rhyno and his representatives interpreted this passage as an indication that the panel was sympathetic to his case.
The next issue is what I call the confirmation of the decision. In an attempt to ensure that the facts were clear, Mr. Rhyno's representative spoke to and wrote to former minister Thibault to confirm the understanding that Mr. Thibault had indeed decided to issue an exploratory licence to Mr. Rhyno. I've included that in an attachment to the committee as well.
Mr. Thibault wrote to Minister Regan stating that the facts, as outlined, were essentially correct--i.e., the decision to issue an exploratory permit in 2004 was the clear intention.
I'd just like to read to you the excerpt from the letter to Mr. Regan:
The original recommendation by DFO officials was to increase by two licences in 2003. To be cautious, I decided to ensure the viability of existing licenses by increasing their quota and issuing one additional license.
It was the stated intent that should stock advice support additional effort, that the second additional license would be added in 2004, and further that any additional allocation would be divided equally amongst all license holders.
Mr. Rhyno and I were hopeful that this might clarify the situation and solve the problem. However, despite this verification that the clear purpose was to proceed with the issue of a licence, the department refused to fulfill the condition.
The next issue is the Atlantic Fisheries Licence Appeal Board. Mr. Rhyno was next informed by DFO that he had the right to appeal his case to the Atlantic Fisheries Licence Appeal Board, or AFLAB. Mr. Rhyno and his representative made a written submission and appeared before the panel in July 2005. The panel recommended to the minister that Mr. Rhyno's appeal be allowed and the licence issued. Once more we were optimistic.
However, yet again, despite a recommendation from the minister's own third-party panel, the department still refused to issue the licence. In a letter to Mr. Rhyno in August 2005, a copy of which I have here to leave with you, the assistant deputy minister confirmed that AFLAB recommended that the appeal be granted, but that Mr. Rhyno could not be issued a commercial licence because he did not participate in the exploratory part of the fishery.
Now, I'll just get you to bear with me for a moment, because that reply simply stands logic on its head. The very basis of Mr. Rhyno's appeal was that an exploratory licence should have been issued in 2004. If that had been done, and AFLAB recommended that it should have been, Mr. Rhyno would have participated in the exploratory fishery and would have received the commercial licences, as did the other participants who received commercial licences. The logic of now refusing him a licence on the basis that he did not participate in the exploratory fishery, when that was the very subject of his appeal, simply does not stand up to reasonable analysis.
The last issue is the issuance of the licence. I can assure you, Mr. Chairman, that Mr. Rhyno is a very determined fellow. He simply refused to quit. Over the next few years, Mr. Rhyno and his representative contacted and met with numerous officials and pressed the case. The details outlined in this brief were forwarded and presented to many DFO officials, MPs, MLAs, ministers and their staff. All expressed support, and many did so to the federal minister or his staff.
Two aspects of this case particularly troubled Mr. Rhyno. Firstly, the DFO was not following the spirit of its stated policy of openness, including the principle outlined in its policy framework: "Fisheries management decision-making processes must be, and must be seen to be, fair, transparent and subject to clear and consistent rules and procedures”.
Here was a case that followed that principle. The entire process was squeaky clean, conducted in the public eye, under close scrutiny of the stakeholders. A decision was made, and that decision was widely known. To not proceed seemed to Mr. Rhyno to be a complete abandonment of principle, fairness, and transparency.
The second and much more fundamental issue strikes at the very heart of our system of government. A minister of the crown made a decision; that decision was communicated to the parties involved by senior officials, ministerial staff, and the former minister himself. Mr. Thibault's letter confirms that intention. An independent panel appeared sympathetic, and the minister's own appointed appeal board recommended that the minister proceed to issue the licence to Mr. Rhyno.
Yet despite this process and independent reviews, the department continued for some reason to refuse to implement the decision. It seemed a total breach of faith to Mr. Rhyno. Finally the case was brought to the attention of staff in Minister Hearn's office. After a long period of verification within and outside of DFO, they came to the conclusion that an injustice had occurred. In 2009, when Mr. Rhyno appeared to be at the end of the line, Mr. Hearn recognized the merits of the case and took the action that should have been taken five years earlier. Mr. Rhyno was issued a snow crab licence for the 2009 fishing year.
If I may conclude by returning to the comments made by various individuals about this case over the past year, and most recently in the past few weeks, firstly, comments that Mr. Rhyno received this licence out of the blue or as a gift are incorrect. It followed a long, open, transparent process concluding in a public draw before all participants and observers.
Secondly, comments that Minister Hearn issued the licence contrary to the advice of his own independent licensing board are incorrect. That comment is on the record several times in the House of Commons, in this committee, and in the press. In fact, the decision of the Atlantic Fisheries Licence Appeal Board was to allow Mr. Rhyno's appeal and issue a licence.
Thirdly, comments that Mr. Rhyno did not deserve this licence are particularly hurtful. Mr. Rhyno is a professional fisherman who followed a public process and was successful within the strict parameters of that process.
Fourthly, comments that Mr. Rhyno lurked around back doors and behind people's backs to obtain his licence are false. Mr. Rhyno did nothing wrong in this case; on the contrary, he did everything he was told to do and he followed every step outlined by DFO in order to acquire the licence. And he pressed his case relentlessly until he achieved the justice to which he felt he was entitled.
Finally, comments that it was a political decision in the patronage sense are way off the mark. There was nothing political about it. Neither Tim nor I have any political clout whatsoever. What we had was a good case that was recognized on its merits by every independent party that reviewed it.
Mr. Chairman, thank you again for the opportunity to present our case.
Mr. Rhyno would like to say a few words, if that's possible, after which we will answer any questions.
:
I am starting to get a better picture. But I am still a bit foggy, you understand. I would like the fog to go away.
I know that you talked about documents earlier. You read some letters. It is important that you submit them to the committee so that I can see them. Otherwise, I will not be able to make a decision. Just so you know, this is not a courtroom and we do not accuse anyone. On the contrary, we want to make sure that we have the best possible licence conditions and if the rules and regulations or the act can be changed, we will make the necessary recommendations.
By all means, don't be embarrassed to give us all the documents that you have. The more there are, the better it will be in a sense. There are never too many. We are used to having tons of documents. We have translators who will be delighted to translate them. It is their duty and besides, it gives them something to do, which is even better. That will allow me, as a representative, to understand the situation better, to fully understand it. Right now, I am still in the dark. It is neither your fault nor mine, but you understand very well that that's why, if you have documents, you can give them to us.
Now, I have a few quick questions about the dates. You said that you were told at one point that you could go fishing. When was that? Could you give me the dates pertaining to the event that you just described to me?
:
Thank you, Mr. Chairman. It's a pleasure to be back at the fisheries committee. I didn't realize how much I missed it.
For Monsieur Blais, I appreciate his comments and I understand that he came in late, but this documentation does deserve to be looked at, and I think it requires further study, actually, from the committee.
I find this case extremely troublesome--I really do. As parliamentarians, we're partisan. We belong to different political parties, and we often go into the trenches against one another in the political forum, but we have absolutely no right to attack individuals for any reason whatsoever or to use undue political influence that hurts and directly affects individuals. And I think, quite honestly, that's what's happened here.
I first spoke to Tim Rhyno when he called me. He was working in Fort McMurray. He tried to explain his case over the phone. It was impossible to do. Eventually we got together, and I can tell you I was shocked at the evidence. I was shocked at the evidence. I was shocked that DFO was refusing to deal with this issue. And I still find it shocking that members would question very clear evidence.
I realize that Monsieur Blais needs to have that evidence translated so he can have a chance to study it, but I would urge members of Parliament to look at this evidence and understand what Mr. Rhyno is asking. First of all, the licence that he has should not be in jeopardy by questions in the House of Commons saying that it's out of order, because it is absolutely not out of order.
There are hundreds of licences in the snow crab fishery. We're talking about one individual licence. And it's my understanding that there were licences granted after Mr. Rhyno's request. Is that correct?
The bells are ringing. There are 30-minute bells for a vote in the House.
As we discussed Monday, when the bells ring we require unanimous consent of the committee to proceed beyond them. Is there unanimous consent? As we discussed the other day, if there's a 30-minute bell, if you wish to proceed for an additional 15 minutes, or whatever the case may be, I need to have unanimous consent.
An hon. member: Proceed.
The Chair: I would ask the committee if there is a will to continue the questioning. Will we proceed?
No? I'm waiting to hear.
There is no unanimous consent, so the committee will adjourn for the vote. The vote will be at 4:52, so it will finish after five. I would say it's not reasonable for us to expect to be able to come back to the meeting.
The meeting is adjourned.