Fisherman's legal challenge of inshore fishery rules back on

A Labrador fisherman who launched a legal challenge of rules for Atlantic Canada'sinshore fisheryonly to back away from litigation last week has had another change of heart.

Lawyers for Kirby Elson have notified the Federal Court that he will be proceeding with his case, after all.

Elson'slegal challenge is widely seen as a test case forCanada's ban on controlling agreements in the inshore fishery.

Elson, of Cartwright, N.L.,did not explain why he changed course in a letter to the Federal Court.

"I have reconsidered this matter and I have decided I wish to proceed. Please accept this letter as a retraction of my letter dated Jan.10, 2017," Elson wrote in a Jan. 12 letter, which wasmade public Monday.

Test case

Elson is challenging theban on controlling agreementsby the Department of Fisheries and Oceans.

The deals, reachedbetween fishermen and companies, putcontrol and the profits of licences in the hands of a company.

DFO considers the agreements an end run around its owner-operatorpolicy which stipulates the principal benefits of the inshore fishing licences go to the licence holders.

Elsonhad openly refused to obey a DFO requirement that he exit a 2003 controlling agreement with two Newfoundland and Labrador fish processors.

Court date Feb. 28

Under the arrangement,the companies financed Elson'ssnow crab licence, provided the boat and told him where to sell his fish.

Elson was the only Atlantic Canadian fishermen out of an estimated 700 with controlling agreements who refused to follow DFO'srequirement by a2014 deadline.

He is seeking a judicial review of a 2015 decision by the federal fisheries minister to take away his commercial fishing licences.

Elson is scheduled for a Feb. 28 hearing in Federal Courtin Toronto.

Too poor to fish

In his previous court filings, Elson said he was too poor to afford to fish and his controlling agreement was the only way he could pursue his livelihood of 50 years.

CBC News has been unable to contact Elson.

His lawyers at McCarthy Ttrault, one of Canada's biggest law firms, have not responded to CBC inquiries.