B.C.’s top court tosses mink farms’ bid for damages after COVID-era ban

The B.C. Court of Appeal says lawsuits launched by mink farmers over a pandemic-era ban on their farms have “no reasonable prospect of success,” dismissing their bid for damages against the province, provincial health officer Dr. Bonnie Henry, and other officials.

The ruling posted Friday says several farms filed identical lawsuits against the provincial government after regulatory changes in 2021 made it illegal to farm mink in B.C. in response “to the risk of farmed mink spreading respiratory viruses,” namely COVID-19.

The ruling says the mink farmers disputed the “real reason” for the regulatory overhaul, claiming the province capitulated “to the anti-fur lobby and public opinion.”

3:28 Why is B.C. implementing a phasing out approach to ending mink farms in the province?

Justice David Harris’ ruling for the three-judge panel says the farmers had no “reasonable possibility” of demonstrating the province acted unlawfully.

The ruling also says it was “misconceived” to have named B.C.’s chief public health officer and chief veterinarian as defendants.

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It says dismissing the case is not a judgment on the merits of the mink farmers’ claims, noting their “sincere outrage” over their investments and livelihoods being destroyed by what they claimed was “unjustified, arbitrary and capricious governmental action.”

The ruling says the mink farms co-operated with the province during the COVID-19 pandemic to mitigate public health risks, which they claimed were not “significant,” disputing the government’s assertion that shutting down the industry was for “legitimate public-health-related” reasons.