Ruling denies commercial fishing rights to B.C. First Nation

[DHA]

A First Nation in British Columbia lost its bid to gain widespread access to commercial fishing rights in a Supreme Court decision Thursday.

The aboriginal band, called Lax Kw'alaams, was seeking a declaration that it is entitled to a native right to harvest and sell all species of fish – including seaweed, shellfish and fish – in its traditional territory in the Prince Rupert region of the province.

read it all here... http://www.cbc.ca/news/canada/british-columbia/story/2011/11/09/bc-aboriginal-fishing-rights.html

The band will need to obtain a commercial lic. to sell fish, as it is not an automatic assumption that all FN bands are entitled to sell fish. Maybe DFO can start doing their job now instead of playing political volleyball! Food fish have a defined purpose, it is for sustenance only, and not captured for the purpose of commerce.

DHA.

 

[Big Green Machine]

I was surprised to hear this ruling as so many other bands have been granted the right to sell fish commercially and yes that also means 'road side' stands during sockeye season. The kicker in this case was a Historian that convinced the SCC that there was no evidence that this band in Prince Rupert had any significant trade, barter or commercial practices in place prior to European settlement to sell fish to support their community, economy or families.

 

[DHA]

Every band has an opportunity to negotiate with Canada and DFO in order to sell fish to support their community, economy or families. It is just simply not an automatic assumption that the FN have a inherent right to catch & sell fish commercially any more. This band will negotiate for commercial lic. There is a lot going on right now, and there will be other similar issues, some will prove and some won't. Many people think that it is a free for all, and it is not. Food fish are exactly that, food fish, it needs to be separated from the commercial aspect in absolute.

DHA.