A labour investigator has agreed with federal fishery officers that heavily armed criminals pose a threat to their lives and has ordered managers to take steps immediately to reduce the danger.
In a report issued Friday to the Fisheries Department, the federal Labour Program’s compliance unit concludes “protective equipment and tactical protocols” currently used during fisheries investigations are inadequate.
The finding by the senior investigator — obtained by The Canadian Press — comes in response to Fisheries Department enforcement officers filing refusal-to-work applications under provisions of the Canada Labour Code.
The investigator concludes fishery officers in the Maritime region are having to confront people with weapons, including cases where intelligence indicates the fisher “keeps an assault rifle on board.”
The report also says there are cases where “outlaw motorcycle gangs are armed with firearms.” It concurs with fishery officers that “a number of the illegal fishers that officers deal with regularly are convicted violent criminals and have threatened officers directly and on social media.”
In addition, the report quotes officers stating there has been aggressive behaviour on the sea, including during enforcement of Canadian sovereignty on the border with the United States, along with occasions where officers have “come under fire” while inspecting fishing gear.
The document doesn’t indicate what steps the labour investigator took to confirm the reports the officers made about the dangers they face. Employment and Social Development Canada — which is responsible for the federal Labour Program — declined to confirm the details of the report or to comment further on it, citing “confidentiality reasons” that limits the sharing of information to employers and employees during an investigation.
“While the investigation is underway, the Labour Program is working closely with the employer to ensure workers’ health and safety, maintaining oversight until the matter is fully addressed,” spokeswoman Samuelle Carbonneau said in an emailed response.
Enforcement could ‘present a serious threat,’ says report
The Labour Program is responsible for protecting the rights and well-being of workers and employers in federally regulated workplaces.
The investigator’s directive to the federal Fisheries Department concludes current protective equipment and tactical protocols are inadequate and therefore the officers’ enforcement duties “could reasonably be expected to present a serious threat to their life and health.”
“Therefore, you are hereby directed … to take measures to correct the condition that constitutes the danger immediately,” the document said.
Doug Wentzell, the federal Fisheries Department’s regional manager for the Maritimes, said in an interview last week that a number of officers have refused field work, but he declined to say how many. Despite the refusals, he said, “the majority of our officers are in the field in the region and we’re also supplementing those resources with officers from other DFO regions.” He estimated there are about 100 field officers in the Maritimes.
Shimen Fayad, president of the Union of Health and Environment Workers, told The Canadian Press last week that members in the Fisheries Department were “exposed to firearms such as automatic weapons [against] which their current body armour does not protect them.”
Officers returning to full duties: DFO
According to the Labour Program’s website, if a labour investigator finds that “danger exists” and directives are issued, “an employee may continue to refuse to work while the directions are complied with.”
However, Debbie Buott-Matheson, a spokeswoman for the Fisheries Department, said in an email that “our officers are returning to full duties.”
“We have taken action to address the [Labour Program] direction received,” she wrote.
“The health and safety of our fishery officers remains our top concern. Fishery officers are dedicated, well-trained professionals, and acts of violence and threats towards them will not be tolerated.”
Signs of ‘a very serious situation’
Veronique Chadillon-Farinacci, a professor of criminology at the University of Moncton, said in an interview Tuesday that more data is needed from the federal Fisheries Department to indicate whether levels of violence and threats have been growing.
The professor, who is currently carrying out studies on conflicts within the fishing industry, said “there are some signs, anecdotal signs, of a very serious situation” in parts of the Maritimes.
“Maybe fisheries officers’ jobs are changing and … they are being exposed to situations that are closer to what police officers are exposed to,” she said.
