What's Santa Bringing?

Just got a Christmas present through email. Not sure about the rest of you but I am sick of the segregation and special priority bullsh*t.



Yesterday morning, the BC Court of Appeal unanimously dismissed a claim by northcoast Indian bands to special commercial fishing rights. The ruling is good news for commercial and recreational fishermen in Canada.

The decision is called Lax Kw’alaams Indian Bands v. Canada 2009 BCCA 593 and should be available on the Court of Appeal website on Thursday.

The Lax claimed aboriginal commercial fishing rights in a large section of northcoast B.C. waters including half of Hecate Strait. They claimed commercial rights to all species of fish including salmon, halibut, crab, herring, prawn, urchin, rockfish, clams and oolichan with a harvesting priority over all other commercial fishermen. A win for the Lax would probably have signaled the end of the all-citizens commercial and recreational fisheries in northern B.C. or at least a massive downscaling in the all- citizens fishery.

The Lax began their lawsuit in 2002 and the case took 125 days of trial before Justice Satanove of the BC Supreme Court delivered her ruling in 2008. She rejected the Lax claims to special commercial fishing rights because, except for oolichan, the bands did not engage in commercial fishing prior to European contact.

The Lax appealed this decision to the BC Court of Appeal and that ruling was released this morning and dismissed the claim to special commercial fishing rights which have to be based on trade prior to European contact. The Court upheld Satanove’s common sense ruling on salmon. For example, at para. 26:

“The oral histories mentioned salmon only mentioned in time of famine. Satanove J. concluded that it was reasonable to infer that salmon was not mentioned ‘because it was common to all, and usually in such abundance that it was not a sought after trade good.”

As any fisherman knows, when the salmon are running trying to trade a salmon with another fishermen is much like trading firewood.

The BCCA decision puts the lawyers for the Lax in a difficult position. Do they appeal this loss to the Supreme Court of Canada knowing that Ahoushat may be a better case? Or do you try to win the Lax case knowing that if it’s lost in Canada’s highest court it will have a considerable negative impact on the Ahousat’s chances? The same lawyers act for the Lax and the Ahousat - I do not envy them having to make this decision.


Merry Christmas to all.
 
Amen LC!

Wild Salmon for All!

"Some could care less if there's any fish left for our kids!"
 
I would just wish for all of the contributors on this great site to spend some time with the people that you love and that love you. That would be a great gift for me.;) eman
 
Got a firefish glass lure. Comes with a neoprene case,necklace and the lot.It can last a lifetime haha and "it becomes more effective when two are fished on both sides". It actually looks pretty fishy, ill throw it down offshore next year for sure.
 
quote:Originally posted by Little Hawk

My Christmas present - considering I've barely staggered through the worst two quarters my construction business has seen - is being able to still feed my family and keep a roof over our heads. Last year I gave 50-turkeys to the food-bank; this year I was very nearly in line for one.

LAST BUT NOT LEAST, I'M THANKFUL NO ONE BOUGHT MY BOAT WHEN I WAS DESPERATELY TRYING TO SELL IT. THERE'S A MESSAGE IN THERE SOMEWHERE FOR ME.

2010 will see me dig-in my heels and fight hard for better days and more time on the water.

Merry Christmas to All!

"Some could care less if there's any fish left for our kids!"


As a fellow contractor, I am right there with yah! .......hey it looks like we may have made it. Lets keep our heads up for a great year to come. Theres no giving in now.

Merry Christmas everyone.

Talk to you in the new year.

HL
 
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