First Nations fishers say they have the right to fish salmon during closure

[kingblazer84]

First Nations fishers say right to fish precludes salmon closure

Several First Nations people will be in court asserting their Aboriginal right to fish after being charged with possessing illegally caught salmon during a closure approved by Indigenous leaders in B.C.’s Central Interior.

www.castanet.net

this makes me just fume

 

[wildmanyeah]

Will be an interesting one to follow my understanding tho is recently DFO has been doing well in court getting charges and conditions in place when the fisher is found to be in possession of stocks of concern.

They have not had much luck tho getting charges though tho when they are fishing in a closed time but for a stock that is not a concern.

 

[Capt_Ed]

First Nations fishers say right to fish precludes salmon closure

Several First Nations people will be in court asserting their Aboriginal right to fish after being charged with possessing illegally caught salmon during a closure approved by Indigenous leaders in B.C.’s Central Interior.

www.castanet.net

this makes me just fume

This can't be true, their the stewards of the land, conservation must come first in their minds too, right?

 

[chromatose007]

Laws for thee but not for me...

 

[searun]

Hard to see how they will be successful avoiding the conviction given all levels of government agreed there would be no retention fishery due to conservation concerns. That said, for the Crown to be successful they must prove there was indeed a conservation issue that required FSC rights to be infringed upon. And, if there is insufficient evidence in that regard, the court will have to follow the law and recognize the Section 35 FSC rights to fish...and so it should. Conservation trumps Section 35 rights, but if conservation needs are being met, Section 35 rights trump all.

 

[terrin]

This can't be true, their the stewards of the land, conservation must come first in their minds too, right?

Just to be clear FN leadership declared a ban on FSC due to conservation needs. Closures had been declared by the Northern Shuswap Tribal Council Fisheries Department and Tsilhqot’in Nation Council of Chiefs

 

[wildmanyeah]

Just to be clear FN leadership declared a ban on FSC due to conservation needs. Closures had been declared by the Northern Shuswap Tribal Council Fisheries Department and Tsilhqot’in Nation Council of Chiefs

That's council leadership and an imposed system from the indian act. Not to get into the weeds but we have seen lots on the divergence within a band from council vs hereditary vs Individual. Honestly i don't think any judge in canada even had a grasp on it so will see always interesting now having the support of council tho may make it a bit of an uphill battle tho. I would have to go back and read the sparrow decision tho to see if they talk about individual vs communal my guess is tho its clear as mud.

“It’s a communal right, not an individual right,” Tsilhqot’in National Government tribal chair Chief Joe Alphonse said, adding it’s up to communities as a whole to decide whether or not they will support fish closures.


Who knows the direction this will go in court.

 

[Dave]

I would think the TNG would set the penalty, and the courts would support it.

 

[wildmanyeah]

I would think the TNG would set the penalty, and the courts would support it.

DFO has worked with some local bands where the local bands have put on conditions that they were not going to issue FSC permits to their members that were illegal fishing for a year. This i know has happened recently in the last couple of years locally, I heard the katzie did this to some of their members. Maybe this has already happened in this case and thats why its going to court, who knows.

 

[Dave]

The Chehalis band has done much the same; their Fishery Manager has history of revoking rights to fish for band members who fish during closures.