B.C. First Nations Fishing Rights - Supreme Court Ruling

https://www.canada.ca/en/fisheries-...-decision---ahousaht-indian-band-and-nat.html

Here's the Minister's full statement. The most significant decision isn't the court case, rather it is the Minister's reference to changing the allocation policy as soon as possible. Placing FN Commercial rights above all others except FN FSC rights is a paradigm shift, and there aren't any more fish to go around...meaning someone will be off the water to pay the cost of reconciliation.
 
[QUOTE="searun,

meaning someone will be off the water to pay the cost of reconciliation.[/QUOTE]

"someone" will be paying to be ON the water..mark my words..its coming

IMO...This just created more slipper skippers and in the end if you want to fish in "THEIR" territory you'll pay their fee..what ever that might be...
 
A long 400 page judgment, but this is where the rubber meets the road, and why you see the Minister ramping up efforts to immediately amend the Salmon Allocation Policy. Those fish have to come from somewhere, and it is clear DFO is not justified in using Area G buy backs "when they come available" and then transferring those over to FN's under the ATC program. DFO will have to move the allocation regardless of any success doing voluntary buy backs - ergo, at least initially, expect to see the rec sector to take a hit is how I read the tea leafs. Hope I'm wrong!!!

See paragraph 1267 of the judgment for reference...there's more than I have quoted if you care to read it

Result

[1267] I have set out several areas of unjustified infringements arising from the licencing regime above, in the section Aspects of Infringement and Justification Applying To All Species, as set out above. The following conclusions are specifically applicable to the salmon fishery:

  1. the Salmon Allocation Policy insofar as it accords priority to the recreational fishery over plaintiffs’ right-based fishery for chinook is not justified;

  2. Canada’s allocations for AABM and ISBM chinook, insofar as they have been set based on giving priority to the recreational fishery pursuant to the Salmon Allocation Policy, are not justified;

  3. the use of PICFI to provide salmon licences to the plaintiffs is justified, but the mitigation policy itself, in the event of an inability to allocate sufficient chinook to the plaintiffs through PICFI alone, is not justified;
 
This race division politics the Liberals and Trudeau push is just going to fuel actual racism even more. So stupid. Soon there will with a First Nations tax everyone must pay as its all their land. SFI and sportsfisherman can not stand idly by while this occurs. This will ruin many coastal communities.
 
Recreational fishermen will just have to come up with a case and take it to the Supreme Court. If their the ones in charge of the resource then dealing with DFO is pointless.

Will have to argue that Government is using fish as currency rather then addressing the actual social and economic issues First Nations face.

Also recreational fishermen have been fishing just as long. Recreational fishermen are made up of all races that have been fishing since the beginning of time as well.

Canada is made of up of immigrants from other countries. The courts are being predudce to the people that came to Canada to start new lives. One race should not be allocated special access over another.

Uggs this all makes me sick
 
Recreational fishermen will just have to come up with a case and take it to the Supreme Court. If their the ones in charge of the resource then dealing with DFO is pointless.

Will have to argue that Government is using fish as currency rather then addressing the actual social and economic issues First Nations face.

Also recreational fishermen have been fishing just as long. Recreational fishermen are made up of all races that have been fishing since the beginning of time as well.

Canada is made of up of immigrants from other countries. The courts are being predudce to the people that came to Canada to start new lives. One race should not be allocated special access over another.

Uggs this all makes me sick

I agree with you on this. We are going to have to go to court to protect our common property rights as citizens as first established in the Magna Carta, then the BNA and now our current constitution. As citizens we have a right to have access to the fish that belong to every Canadian. We will have to fight against the corporate interests that want to commercialize this common property resource - and fight we will have to in the courts to protect this!
 
Good luck with that, the appeal options would be to the Supreme Court of Canada, and the case first has to be given approval to go forward and only if it meets the National Interest test. You need really deep pockets to play in that sand box - and the rec community has a very poor track record of getting individual participants to join groups and actually get involved to the point they buck up....who is going to pay? I don't see much evidence based on how the rec community has acted in the past of pulling together as a team...I would like to be proven wrong though!

The Minister has committed to amending the Allocation Policy - we will need to see first what that entails. Of course the other challenge will be when all the other Nations up and down the coast start invoking the "me too" clause and ask for the same treatment. How does one carve up what is left of the pie? I would suggest (not to be too alarmist) that the current access the rec community enjoys today will be amended in some fashion...other way around, we have some pain medication coming our way, its just a question of how much pain will be inflicted.
 
This is just the beginning..

Start writing your MPs and demand recreational fishing opportunities be preserved as an iconic part of Canadian culture.

I agree it is time for lawyers and the SFI will need significant resources to deal with this mess. Help out however you can. Tackle shops, marine services and small business will have to join in the fight as well.

Our fishery is getting managed to zero faster than I’d ever thought possible. When will conservation be consider? My head is spinning.
 
BC
Commercial fishery granted
The Canadian Press - Apr 19, 2018 / 6:04 pm | Story: 224196
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Photo: File photo
A group of West Coast First Nations has won the right to harvest and sell fish commercially after a 12-year court battle.

B.C. Supreme Court Justice Mary Humphries has ruled Fisheries and Oceans Canada has one year to establish a commercial fishery for the five First Nations collectivelly known as Nuu-chah-nulth.

However, Nuu-chah-nulth president Judith Sayers says that if the government is serious about implementing their rights, it should let the bands begin fishing immediately.

In the 400-page judgment, Humphries sets out the parameters for the Indigenous fisheries involving species including a variety of salmon, groundfish, crab, prawn and shellfish.

Fisheres Minister Dominic LeBlanc says in a statement that he has directed his ministry to take immediate steps and review the Pacific salmon allocation policy, while collaborating with First Nations groups and stakeholders on new policy.

Gord Johns, a Vancouver Island member of Parliament, says he'll be in Ottawa next week to remind the government of its obligation.
 
B.C. First Nations get clarity on fishing rights from top court
Nations call federal government to settle fishing rights ‘within the true meaning of reconciliation’
Susie Quinn
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Nuu-chah-nulth First Nations on Vancouver Island are working to protect fishing rights. UU-A-THLUK TWITTER PHOTO

Five Nuu-chah-nulth First Nations from Vancouver Island are ready to negotiate for fishing rights, following another legal victory—this time in BC Supreme Court. It’s a victory that will have far-reaching implications in British Columbia, says the First Nations Fisheries Council of B.C.

The five nations—Ahousaht, Ehattesaht/ Chinehkint, Hesquiaht, Mowachaht/ Muchalaht and Tla-o-qui-aht—have been fighting the federal government for Aboriginal fishing rights since 2006. In this last court appearance, labeled the “justification trial”, the federal government failed to justify its infringement of these five nations’ Aboriginal right to catch and sell fish from their territories.

In a 400-page judgment, the judge called for changes to government policies, and gave the federal government one year to make those changes.

Hugh Braker, vice-president of the First Nations Fisheries Council of British Columbia and a member of the Tseshaht First Nation on Vancouver Island, said the decision will affect all First Nations in B.C. “This is a win for all First Nations in B.C.,” he said.

“There are other First Nations in B.C. that are advocating for their fishing rights.”

The April 19 Supreme Court decision will effectively put Indigenous fishing rights above those of sportfishing. Conservation will remain the No. 1 priority, he added.

READ MORE: First Nations assert their fishing rights

READ MORE: Appeal court upholds Nuu-chah-nulth right to catch and sell fish

READ MORE: Fisheries Act doesn’t go far enough, says Nuu-chah-nulth Tribal Council

In particular, the judge found existing DFO salmon allocation framework cannot be justified and must be changed. In the past, DFO gave priority to recreational fishermen for Chinook (spring) and Coho salmon. The judge also found the five First Nations have the right to fish for halibut and other ground fish and sell their catch, which was previously not allowed.

“DFO is going to have to rethink and redo their salmon allocation framework they have for the Somass River,” as well as the Fraser River and other salmon fisheries, Braker said.

Federal Minister of Fisheries, Oceans and the Canadian Coast Guard, Dominic LeBlanc, said the government has already been taking steps “in the spirit of reconciliation” with the five First Nations. “As an immediate step, I have directed Fisheries and Oceans Canada (DFO) to review the Pacific Salmon Allocation Policy,” LeBlanc said in a statement. “We will work in collaboration with Indigenous groups and all stakeholders to renew and co-develop this policy.”

LeBlanc called the path to a fisheries agreement long, and acknowledged it wouldn’t be easy, “but we will arrive at a better place for all.”

The justification trial began on March 9, 2015. Canada took 108 days to present its case through 25 witnesses, according to a Nuu-chah-nulth Tribal Council press release. The Nuu-chah-nulth case was presented in 32 days through 11 witnesses.

The case has been ongoing since 2006. The BC Supreme Court in 2009 recognized the Nuu-chah-nulth nations’ right to catch and sell fish, and in May 2011 the BC Court of Appeal upheld the Supreme Court decision.

“We have been winning court cases against the federal government since 2006,” Ehatteshaht Chief Councillor Rose-Ann Michael said in a statement.

“We met with Minister LeBlanc a few weeks ago and he asked us what the government could do to prove they were different than the Harper government,” Michael added. “We told him then and we’re telling him again, stop dragging your feet and get on with implementing our fishing plans.”

While salmon allocation and the right to catch and sell halibut and other ground fish were highlights, Braker said they only touch the surface of the report. He said he expects other changes will come to light.

“It is a long fight for people,” said Braker. “I keep telling taxpayers they should be questioning the government in this. The government has spent literally tens of millions of dollars fighting this in court and they have not won a single part of the cases yet.”

Courtenay-Alberni MP Gord Johns, who flew from Ottawa to attend the announcement in Vancouver on Thursday, said he’s pleased with the outcome. “It’s so important they protect their way of life and the way of life they inherited from their predecessors and their ancestors,” he said of the five Nuu-chah-nulth First Nations. “Nuu-chah-nulth people are saltwater people. It’s our opportunity to get them back on the water,” he said.

Johns, an Opposition MP, stood in the House of Commons earlier this year imploring the federal Liberals to settle the fishing rights matter in the spirit of reconciliation. He said the federal government had already spent $19 million in legal costs.

“The Nuu-chah-nulth have been more than patient,” Johns said in a statement released April 19. “The nations have developed fishing plans that uphold conservation and provide for reasonable allocations and well-managed fisheries. All our communities on the west coast of Vancouver Island support Nuu-chah-nulth getting a fair share of the fishing opportunities in their territories.

“It is just good business for the economic well-being of our coastal communities and First Nations.”

editor@albernivalleynews.com
 
Recognizing the Public Interest in Nation to Nation Fishery Negotiations


NEWS PROVIDED BY

BC Seafood Alliance
Apr 19, 2018, 16:50 ET


VANCOUVER, April 19, 2018 /CNW/ - "Reconciliation isn't just about negotiations between First Nations and the Crown, it has to directly involve those whose livelihoods might be affected in keeping with previous Supreme Court of Canadadecisions," said Gary Wharton, legal counsel and spokesperson for the intervenors representing the BC Seafood Alliance and the BC Wildlife Federation.


"The BC Supreme Court decision requires that the delineation of Indigenous fishing rights must include consideration of the rights and interests of all stakeholders," he added, noting that both the Supreme Court of Canada and the judge are clear that Crown is in a fundamental conflict of interest between its fiduciary responsibilities to First Nations and its duty to represent other interests in fishery matters. "Reconciliation must now explicitly include consideration of these interests."

"That's why we intervened," said Christina Burridge for the BC Seafood Alliance and Alan Martin for the BC Wildlife Federation. "It's a very complex case, going back almost a decade," they said, "but we intervened to make sure that the Supreme Court of Canadarequirement that delineating Indigenous rights required consideration of other rights and interests did indeed take place. We represent the common property right that goes back to Magna Carta."

They added, "the judge's decision is complex, but we are always ready to engage in constructive discussions over how we manage our fisheries to ensure conservation of the resource, enjoyment of eating or catching seafood and economic benefits to all Canadians."

SOURCE BC Seafood Alliance

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For further information: Gary Wharton, Bernard LPP, 604.661.0601, wharton@bernardllp.ca; Christina Burridge, BC Seafood Alliance, 604.377.9213, cburridge@telus.net; Al Martin, BC Wildlife Federation, 250.480.9694, alan.martin1710@gmail com
 
I don't see much evidence based on how the rec community has acted in the past of pulling together as a team..

Rec community will only pull together when the whole ocean gets shut down. In the current state DFO pics off one area at a time, That area tries to rise up and is too small and just slowly over time gives up or new fishermen come in to the area and just try to adapt.

I won't be surprised if First Nations next argue next the recreational guiding operations are commercial fishing. Bon Chovy recently posted on facebook that their guides avg 1-2 chinook per trip/boat. They have 3 boats in their fleet. Bon Chovy is capable of catching chinook all year around, with weather only sometimes limiting the areas they can fish. Let's say for conservatively that they have 200 fishing days. 200X3X1.5= 900 Chinook a year. People will then argue that all guides do is take out recreational fishermen who otherwise would go out themselves. Most recreational fishermen in the area are not capable of that kind of success nor have the will to fight the weather like the guides/boat do.

I am not trying to single out any guiding operation but merely provide perspective on an area and operation i know. I am sure others can do numbers for other guiding operations in their areas.

If I am capable of putting numbers like this together First Nations can do so even easier.

If I was a Guide right now I would be putting all over my social media page uging the sports fishing community to join groups like SFI. Who when I joined sent me a nice letter about the issues we are facing and what they are doing about it.

"In the face of these and other challenges, the SFI is committed to use membership funds to advocate and lobby. We will continue to dedicate our experience and knowledge to ensure access to and opportunity for a vibrant and sustainable fishery in British Columbia. We have doubled our lobbying efforts in Ottawa"
 
Recreational fishermen will just have to come up with a case and take it to the Supreme Court. If their the ones in charge of the resource then dealing with DFO is pointless.

Will have to argue that Government is using fish as currency rather then addressing the actual social and economic issues First Nations face.

Also recreational fishermen have been fishing just as long. Recreational fishermen are made up of all races that have been fishing since the beginning of time as well.

Canada is made of up of immigrants from other countries. The courts are being predudce to the people that came to Canada to start new lives. One race should not be allocated special access over another.

Uggs this all makes me sick


While I don't disagree with you of it making me feel sick, the only entity with the resources needed to fight this in the Supreme court is the federal government, and they clearly are not planning on doing it.. This would be exceedingly expensive, and would take years (this case was a decade) if the court would even hear it. The governments record on cases in the past couple of decades has been pretty poor as well which I'm sure has weighed on the decision to accept it. In the mean time the changes would likely have to be implemented, and even if the case was won sometime in the mid 2020s, the changes would be entrenched and difficult to undo.

I do have to disagree that recreational fisherman on the BC coast have not been fishing just as long as FN. Recreational fishing has not been around for very long the first European was here in 1778, large scale European settlement only started in the mid 1800s, so recreational fishing has been around at the most 200 years in BC.

We might see a bunch of lodges coming up for sale soon, I don't think that business is going to do well with this ruling as the FN allocations are going to have to come from somewhere, and if they want to save some allocation for everyday recreational BC fisherman, the commercial lodges from Haida Gwaii on down will need to cut back, or maybe pay the local FN for quota. Halibut TAC going to FN is going to hurt too.
 
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Well... What if they couldn't get diesel? What about nets? Or, have 'difficulty' getting any other service related their commie venture??
Seems to me putting pressure on Jimmy Pattison is another angle.
 
... Of course the other challenge will be when all the other Nations up and down the coast start invoking the "me too" clause and ask for the same treatment. How does one carve up what is left of the pie? I would suggest (not to be too alarmist) that the current access the rec community enjoys today will be amended in some fashion...other way around, we have some pain medication coming our way, its just a question of how much pain will be inflicted.

What you note has been in play for quite some time already. The Haida are demanding SOLE access to very large sweeps of water around Haida Gwaii, which will mean that they, and ONLY they will be allowed to fish there. The NTC group is also studying that model closely. And every single coastal and near coastal band up and down our shoreline waits with bated breath...

This is simply the first of the stepping stones to hand complete control over to them. Really.

Already major cuts have been delivered to the troll fleets (again this season) who were directly informed that the stolen quota was going to be given to FN's. There is no way in hell the recreational fleet is going to escape the carnage this time around, nor into the future.

Fishing, as we have known it, is about to come to a painful end...

Sadly,
Nog
 
What you note has been in play for quite some time already. The Haida are demanding SOLE access to very large sweeps of water around Haida Gwaii, which will mean that they, and ONLY they will be allowed to fish there. The NTC group is also studying that model closely. And every single coastal and near coastal band up and down our shoreline waits with bated breath...

This is simply the first of the stepping stones to hand complete control over to them. Really.

Already major cuts have been delivered to the troll fleets (again this season) who were directly informed that the stolen quota was going to be given to FN's. There is no way in hell the recreational fleet is going to escape the carnage this time around, nor into the future.

Fishing, as we have known it, is about to come to a painful end...

Sadly,
Nog

I often disagree with you on these boards, I really, really wish I could on this, but sadly this does look like control of fishing will either directly or De facto through DFO, be in FN hands very soon.
 
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