No right to fish

Sushihunter

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http://www.canada.com/calgaryherald/news/letters/story.html?id=a41c6930-ea4a-410c-8683-de1e27b1d5bf

No right to fish

Calgary Herald


Monday, July 14, 2008


Re: "Berry interesting," Letter, July 8.

Frances Kaye, commenting on Mark Milke's analysis of the Kapp decision, incorrectly states aboriginals have a treaty right to fish. There is no aboriginal right to fish salmon commercially on the Fraser River and until June of this year, there has been no treaty right to salmon.

In the Van der Peet decision, the Supreme Court rejected any claim to an aboriginal right to fish salmon for sale or trade. The court concluded the sale or trade of salmon had never been a defining feature of aboriginal life in British Columbia prior to contact with Europeans.

With the passage of the legislation ratifying the Tsawwassen Treaty, the Tsawwassen will be given separate allocations of salmon. Band members, including non-Canadians living in Washington State, California and Alabama, will be able to fish Fraser River sockeye while everyone else will be forced to stand on the beach and watch.

Traditionally, both Parliament and the Supreme Court of Canada were guardians of our rights and liberties, but no more. With the ratification of the Tsawwassen Treaty by Parliament and the Supreme Court decision in Kapp, racial segregation is the law in Canada. Equal access to the fishery, enjoyed for 800 years since Magna Carta, is out the window.

John Cummins, Ottawa

John Cummins is MP for Delta-Richmond East.

© The Calgary Herald 2008

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