Native-only fisheries struck down by B.C. court

But AFN leader faces a mountain of work to win back relevancy

By Len Kruzenga

A B.C. court has ruled that an 11-year program by the federal Oceans and Fisheries department restricting salmon fishing on the Fraser River to natives is unconstitutional and discriminates against other commercial fishermen on the basis of race.

Provincial Court Justice William Judge Kitchen's ruling resulted in the Department of Fisheries and Oceans calling an immediate halt to its pilot sales program, which was instituted to satisfy the inherent aboriginal right-upheld in the Sparrow case- to catch salmon for food and ceremonial purposes and include the right of natives to sell their catch from fisheries closed to non-native fishermen.

The court's decision and the move by the federal government has incensed many native fishermen, according to Arnie Narcisse, chairman of the of the province's Aboriginal Fisheries Commission.

"It's a blow to our people's rights and sets back all the progress made over the last decade," he said. "Feelings are going to be hot because it's frustrating to be an Indian with this type of political climate.

But fears that the ruling and cancellation of the program could create tensions and conflict similar to Burnt Church nearly three years ago are premature at this point, says Bob Hall, a fisheries spokesperson for 21 bands comprising the Sto'lo Nation that border on the banks of the Fraser River.

"The majority of our chiefs have instructed me to say that we are not going fishing 24-7. We are not prepared to resort to violence but there is tension building, especially among our young fishermen so I hope it just doesn't come to anything that gets out of hand."

But some bands, including the Soowahlie say they intend to fish despite the ruling.

"Once a fish is caught, who cares whether we eat it or sell it. It's gone and it's not going to spawn and it doesn't matter whether it's my food or your food, said Chief Doug Kelly.

"More than likely are people are going to go out and catch fish. We were some of the very first commercial fishermen here and sold fish to the Hudson Bay Company at Fort Langley as far back as the 1840s."

Newly elected AFN National Chief Phil Fontaine has entered the fray demanding that the federal government appeal the court's ruling.

"Fishing is an essential part of our relationship with the land and its resources. It is integral to our history, our culture, our economies and ultimately our self-sufficiency. Our right to share the fishery resources of Canada has been affirmed in other court decisions such as Marshall, Gladstone and Smokehouse. It is unfortunate that they precedents were not considered in this decision," said Fontaine. "While the Aboriginal Fisheries Strategy is not a full acknowledgement and implementation of our Constitutional and treaty \rights, it is a recognition of those rights and an attempt to implement them in a balanced fashion. We have to continue to work together to pursue strategies that implement our rights and jurisdiction.

The federal government has 30 days to decide on an appeal.