Fraser River Illegal Gillnetting and DFO Enforcement

[cohochinook]

I was in a meeting today with DFO staff. We got an update on enforcement action on illegal netting on the Fraser. DFO is making it a priority with support from all sectors including First Nations is what we were told. Patrols are being done by helicopter both day and night is what I was told. They say that ORR is huge in helping with enforcement is what DFO staff said and they asked if you see an illegal net call it in to ORR 1-800-465-4336. DFO said if in doubt and you see suscipious activity or possible illegal net call it in to Observe Record Report!

 

[disco]

I was in a meeting today with DFO staff. We got an update on enforcement action on illegal netting on the Fraser. DFO is making it a priority with support from all sectors including First Nations is what we were told. Patrols are being done by helicopter both day and night is what I was told. They say that ORR is huge in helping with enforcement is what DFO staff said and they asked if you see an illegal net call it in to ORR 1-800-465-4336. DFO said if in doubt and you see suscipious activity or possible illegal net call it in to Observe Record Report!

Patrols will be done by officers with white canes.

 

[Capt_Ed]

The Patrols may (and that's a big may) get the odd net out of the water and maybe even the odd charge laid but I can almost guarantee a non existent conviction rate.

 

[Whole in the Water]

The Patrols may (and that's a big may) get the odd net out of the water and maybe even the odd charge laid but I can almost guarantee a non existent conviction rate.

Sad, but true! DFO patrols and pulls nets out over and over again each year and few if any charges are ever laid as the govt. is scared to prosecute for political and public image reasons.

 

[agentaqua]

My understanding as far as charges go w DFO and FN FSC fishers - is that DFO will go ahead w charges if the band(s) issue a BCR (Band Council Resolution) or a letter of support signed by the elected Chief Councilor for DFO to proceed. Otherwise, it's up to DFO C&P and the Crown Attorney to make that decision. I am unsure how it works on the Fraser. Internally, some FNs have their own way to (sometimes) permit individuals or yank that privilege. And a few FN have functioning Hereditary systems that screen or allow participants, as well. Again, unsure of how that works on the Fraser.

 

[calmsea]

My understanding as far as charges go w DFO and FN FSC fishers - is that DFO will go ahead w charges if the band(s) issue a BCR (Band Council Resolution) or a letter of support signed by the elected Chief Councilor for DFO to proceed. Otherwise, it's up to DFO C&P and the Crown Attorney to make that decision. I am unsure how it works on the Fraser. Internally, some FNs have their own way to (sometimes) permit individuals or yank that privilege. And a few FN have functioning Hereditary systems that screen or allow participants, as well. Again, unsure of how that works on the Fraser.

It doesn't work, that's the problem.

 

[wildmanyeah]

They have recently been able to get a few convictions when they are able to prove that they are fishing at times when stocks of concern are present. They have been able to get the courts to put on some conditions like not allowed to be within X distance of a gillnet for X amount of years.

They have a hard time getting charges approved when they are illegally fishing in closed times but on an "abundant" stock.

Even if they do get convictions the courts have to go through a special sentencing process for First Nations.

Section 718.2(e) of the Criminal Code provides:

“A court that imposes a sentence shall also take into consideration the following principles:

(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.”

The Court said judges must consider the systemic and background factors affecting Aboriginal people in Canadian society, such as the history of colonialism, displacement, and residential schools. They must also consider how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples.