No pickerel, no consequences for Yellowknife restaurant selling Kazakhstani fish

An iconicYellowknife restaurant is essentially off the hookafter serving frozen fish fillets imported from Kazakhstan, but listing it on the menu as Great Slave Lake pickereldue in part to a lack of regulations in the N.W.T.governing businesses that mislead customers

In July, CBC learned that Sato Chankasingh, operator of the Wildcat Cafe,was substituting pike perch also known as zander on menu items featuring local pickerel from Great Slave Lake.

• Yellowknife's iconic Wildcat Caf selling fishy pickerel from Kazakhstan

Chankasingh did not deny that the imported fish is what he'd been using, but said he never read the labelling on the boxes, and didn't realize the mistake.

Chankasingh said he would attempt to find Great Slave Lake pickerel, or remove it from the Wildcat's menu.

Andthe buck stoppedthere.

'In Alaska, we're proud of our local foods'

That's in stark contrast to a similar situation in Alaska earlier this month, when arestaurant in Fairbankswas fined $50,000 by the state for serving frozen elk from New Zealand and calling it local Alaskan reindeer.

• Alaska restaurant serving elk fined for calling it reindeer

"It's important that restaurants and other food establishments really are truthful in advertising," saidCaroleHolley, an assistant attorney general with the Alaska governmentwho was aprosecutor on the case.

"People may have sensitivitiesor it could provide an unfair business advantage over restaurants who are not selling Alaskan reindeer."

According toHolley, strong state legislation for things like consumer deception is extremely important for deterring other businesses from doing something similar.

"Here in Alaska, we're proud of our local foods, and if you're going to say you're selling it, sell it."

N.W.T. 'can't really... charge the company'

Alaska isn't the only jurisdiction that prosecutes local businesses.

Legislation varies throughout Canada.In Montreal, for example, businesses that mislead customers regarding the composition of food can besubject to fines ranging from $500 to $9,000.

There is also federal legislation that says foods sold in Canada cannot be labelled in a false or misleading way.

That legislation is enforced by theCanadian Food Inspection Agency.Consequences could range from a warning letter up to prosecution, though it's not clear if restaurant menus fall under that legislation. (A spokesperson was not available to speak to the CBC.)

In the N.W.T., the department of Municipal and Community Affairs's consumer affairs officehandlesconsumer complaints, either online or in person.

But the office "mostly acts as a mediator between the business and the personfiling a complaint,"said deputy ministerTomWilliams.

"It's unfortunate the [N.W.T.'s]Consumer Protection Actdoes not allow for any issuance of fines or penalties," he said.

"It's more relaying the complaint to the business owners.We give them an opportunity torespond, and if it's something they can deal directly with the consumer about we hope they can work it out themselves."

According to Williams, "consumer awareness" plays a role by putting pressure on businesses not to commit fraud. "It can be self-regulating at times."

Williams wouldn't comment specifically on fish served at the Wildcat Cafe, but said thissummer,MACAhasn't had "any complaints about inaccurate fish products."

If they did, however, the resolutionsthe department facilitates are things like apologies and reimbursements.

"We can't really... charge the company. We don't have that recourse."

Williams acknowledged that may not satisfy some residents, adding that people do have access to the "N.W.T. court system."

'Wouldn't be worth it'

But turning to the courts could be an expensive and time-consuming venture.

"I can only imagine [a civil suit] could take a lot of hours, and a lot of paperwork," said Yellowknife lawyer Paul Falvo.

While "somebody could represent themselves," hiring a lawyer could cost "thousands of dollars, which certainly wouldn't be worth it to recoup the cost of the dinner."

Falvo saidthere is potentially another option albeit no less time consuming or expensive.

"In theory, somebody who is selling something that is described falsely, and who is intentionally doing that, could find themselves liable criminally."

Normally, for that to happen, there would have to be a police investigation that leads to a charge being laid.

However, anyone who has reasonable grounds to believe that a person has committed a criminal offence may lay an information in writing and under oath before a Justice of the Peace. The process is dubbed a "private prosecution."

"It's one person prosecuting another," Falvosaid, "but it's a rare remedy."