.

[Irishwolf]

I’m no lawyer but it seems to me that DFO are in violation of the Canadian Charter of Freedom and Rights section 15:

“Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

https://laws-lois.justice.gc.ca/eng/Const/page-15.html

What do I tell my boy when he asks why an Indigenous boy can catch and keep a salmon, but he cannot.

Either we can all fish or we can’t.

Allowing daily openings for FN and not for anyone else is a violation of this charter.

 

[triplenickel]

I don’t think this is a guessing game. He doesn’t know the answer. He is will to pay someone $2k if thy can come up with one. No game. Just a real question.

You could be right, I've been wrong plenty of times before! In post 9 I read;

We must determine through LAW what harm came to us. They already committed this years ago. I gave the hint earlier today.

I interpreted that and the "discrimination at best." comment in the first post as him having "the answer" already.

 

[triplenickel]

I’m no lawyer but it seems to me that DFO are in violation of the Canadian Charter of Freedom and Rights section 15:

“Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

https://laws-lois.justice.gc.ca/eng/Const/page-15.html

What do I tell my boy when he asks why an Indigenous boy can catch and keep a salmon, but he cannot.

Either we can all fish or we can’t.

Allowing daily openings for FN and not for anyone else is a violation of this charter.

You must be new here, welcome to Canada.

 

[fishin solo]

Alright. So let's stop. The battle of the first Nation fish catch is negligible as far is recreation is concerned and your boats out number theirs 100-1.
Open the fishery or don't. Plain and simple. You can plan for a 2 week opening. The guides can plan for a two week opening. The lodges can plan for a 2 week opening. The people can take a day off on a two week opening. You can't plan for reviving a 20lb fish. There's going to be alot of dead fish. First degree murder is no different than man slaughter when you count the bodies.

Is that you Mrs Wilkinson??

 

[Buckethead905]

Alright. So let's stop. The battle of the first Nation fish catch is negligible as far is recreation is concerned and your boats out number theirs 100-1.
Open the fishery or don't. Plain and simple. You can plan for a 2 week opening. The guides can plan for a two week opening. The lodges can plan for a 2 week opening. The people can take a day off on a two week opening. You can't plan for reviving a 20lb fish. There's going to be alot of dead fish. First degree murder is no different than man slaughter when you count the bodies.

Kick rocks.

 

[RODNREEL]

I’m no lawyer but it seems to me that DFO are in violation of the Canadian Charter of Freedom and Rights section 15:

“Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

https://laws-lois.justice.gc.ca/eng/Const/page-15.html

What do I tell my boy when he asks why an Indigenous boy can catch and keep a salmon, but he cannot.

Either we can all fish or we can’t.

Allowing daily openings for FN and not for anyone else is a violation of this charter.

I'm no lawyer either but if it comes down to it I'd walk into court with the Charter of Rights in hand.
My granpa taught my dad the many joys of fishing and the bonus of fresh fish and my dad taught me and I have the right to pass this tradition on to my kids.

 

[Saxe Point]

Like so many of these rants disguised as discussion, a great deal of heat is generated, but no light.

 

[Rockfish]

Alright. So let's stop. The battle of the first Nation fish catch is negligible as far is recreation is concerned and your boats out number theirs 100-1.
Open the fishery or don't. Plain and simple. You can plan for a 2 week opening. The guides can plan for a two week opening. The lodges can plan for a 2 week opening. The people can take a day off on a two week opening. You can't plan for reviving a 20lb fish. There's going to be alot of dead fish. First degree murder is no different than man slaughter when you count the bodies.

Wow! just your third posts and you have managed to come up with the most bat **** crazy bit of nonsensical and misinformed bit of writing I have ever read on this forum. How about you take a boat or plane up the Lower Fraser once the 700 nets hit the water, I suspect it will give you some perspective.

 

[profisher]

Rockfish no kidding. We anglers put our time and effort into supporting salmon enhancement so there will always be fish to catch. Hook and line fisheries no matter what part of the world they take place in can release a very high percentage of the protected or endangered fish unharmed. And we gladly do it and in this case we are asking to have the ability to retain ONE hatchery Chinook only. FN gill nets on the other hand can catch thousands of fish with no ability to avoid protected or endangered stocks. A GILL NETTED WILD SALMON IS A DEAD WILD SALMON.

 

[profisher]

I would offer that a case might be brought forward on the grounds that the first priority for DFO is conservation. DFO s not protecting these fish because they are allowing some to fish with non selective gear types that offer no ability to avoid the threatened stocks, when there are methods available that do so.

 

[Cookie's Cutter]

On Behalf of myself(Robert Van Pelt) an individual person that fishes in aboriginal, commercial and public fisheries along side with other public fishery participants, I am personally willing to award the sum of no more and no less then $2000.00 CAD for the correct reason to battle DFO and the corporation Government of Canada in any court designed that of the Corporation Government of Canada. This award will only be granted to a legitimate consensus of Recreational, Aboriginal and Commercial people affected by the determination of closure and contravention, obstruction or hindrance thereby not allowing an open unobstructed public fisheries opportunity for all to enjoy. In turn preventing or limiting contract obligations in favor of other open unobstructed fisheries not designated as public fisheries by DFO and the corporation Government of Canada. Discrimination at best.

If you are serious and have balls deep...recognize that the reasons that we think are at issue simply may not be valid. Researching all angles is imperative.

robert@haidalure.com

Hi Robert, I appreciate your suggestion, but I think if the legal issue is this hard to find then your efforts and your money may be better off spent elsewhere. It is extremely difficult to fight the government in court and it will take years. As far as I know you can’t sue the government just because you disagree with their policy.

To me this is a political issue first and foremost. We may not agree with what the Liberals have done but we need to make it known come October that we support equal fisheries for all Canadians families based on science not politics. This is just a start.

Maybe invest that money into supporting hatcheries and enhancement, or continue to support sport fishing community groups.

Be careful you might run into some smooth talking lawyer that will be happy to take your money. I walk down the street and see an ad for a lawyer on every bus and park bench. This is not the Canada I want to be a part of either.

 

[Jane]

Wow! just your third posts and you have managed to come up with the most bat **** crazy bit of nonsensical and misinformed bit of writing I have ever read on this forum. How about you take a boat or plane up the Lower Fraser once the 700 nets hit the water, I suspect it will give you some perspective.

Wow! just your third posts and you have managed to come up with the most bat **** crazy bit of nonsensical and misinformed bit of writing I have ever read on this forum. How about you take a boat or plane up the Lower Fraser once the 700 nets hit the water, I suspect it will give you some perspective.

Wow, okay.
80 cm is a nonsensical rule. That was really the only point.

 

[Rain City]

Wow, okay.
80 cm is a nonsensical rule. That was really the only point.

It was?

 

[chevy guy]

I would be so happy to see these clowns go down in court but wasn't the Sparrow decision a Supreme Court decision?
I remember a great lobby of Commercial, business, BC Wildlife and many others trying to talk common sense but we lost. My understanding is the only way to overturn a Supreme Court decision is through a vote in Parliament.
There may be other was to add to and modify the decision. Maybe someone could post the actual court decision on here so we can see what we are up against. Sparrow vs The Crown.

 

[Rum Buddies]

The only option that provides relief to sportfishermen is a policy of equal access -- ie. all citizens of Canada are treated equal, with equal rights to resources.

 

[wildmanyeah]

Well up until this year the department understanding was they could still conduct fisheries in the ocean while closing the Fraser.

Now it seems their view on it as if you want to restrict First Nations on the river you must shut down everyone else that has even the smallest chance of catching on of thoes stocks that you shut down the First Nations for.

It’s a very harsh interpretation and one that if applied to other areas would be devastating as well.

If the skeena for example had really low chinook returns and they wanted to shut down skeena first nations. Say goodbuy to all the fishing lodges.

 

[profisher]

And that would be fine if the FN actually stopped fishing. I also believe that is another strategy we need to talk about as a group. The public fishery conveying to DFO that we will be demanding that all fisheries close with the strictest enforcement, with both DFO and public monitoring and maximum penalties for those convicted. Let FN know that there unwillingness to clean up their own business and stay out of others will have a harsh rebound cost to them. Maybe then they will smarten up and get off our backs. Some risk to us to try it but what we are doing now isn't working. How would the NGO's and government go against that kind of demand with what they have said to date? FN would be put in a corner on their own with even the public against them. I don't think they would want to call our bluff.

 

[chevy guy]

The other REAL BAD BC Supreme Court decision was letting natives sell fish legally with out any rules or quota. How stupid is that? That really changes the game and really puts the resource in danger. The Supreme court of Canada has refused to hear the case to date but may down the road if not too late by then.

 

[profisher]

I still remember a time when we all were able to cheaply obtain a "Putters License" and sell fish commercially. That was dumb too in hindsight as it was a free for all at the time. It was all apart of us landing where we are today.

 

[Aftpunk]

I no longer have any faith in DFO. If I owned a restaurant that was managed by the same manager for over 30 years and he drove it into the ground I would be looking for a new manager. We saw what they did to the East Coast and we can’t let them do it to the West Coast. If things don’t get any better or if they keep targeting sports fisherman, I suggest that we strike next year and hold off on buying our licenses for one month. If it doesn’t get the message across, in the next year we go 2 months etc. etc. I would be more than happy to organize this.