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Supreme court affirms Nuu-chah-nulth First Nations fishing rights

Nations call on federal gov’t to settle fishing rights ‘within the true meaning of reconciliation’
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Nuu-chah-nulth First Nations on Vancouver Island are working to protect fishing rights. UU-A-THLUK TWITTER PHOTO

After 155 days in court, five Nuu-chah-nulth First Nations from Vancouver Island are embracing another legal victory over aboriginal fishing rights.

The five embattled nations are the Ahousaht, Ehattesaht/ Chinehkint, Hesquiaht, Mowachaht/ Muchalaht and Tla-o-qui-aht. In this last court appearance, in BC Supreme Court—labeled the “justification trial”—the federal government failed to justify its infringement of these five nations’ Aboriginal right to catch and sell fish from their territories.

“We win again!” Ahousaht Nation spokesperson Cliff Atleo said after Nuu-chah-nulth fishing rights were confirmed by today’s BC Supreme Court decision.

The justification trial began on March 9, 2015. Canada took 108 days to present its case through 25 witnesses, according to a Nuu-chah-nulth Tribal Council press release. The Nuu-chah-nulth case was presented in 32 days through 11 witnesses.

The case has been ongoing since 2006. The BC Supreme Court in 2009 recognized the Nuu-chah-nulth nations’ right to catch and sell fish, and in May 2011 the BC Court of Appeal upheld the Supreme Court decision.

READ MORE: First Nations assert their fishing rights

READ MORE: Appeal court upholds Nuu-chah-nulth right to catch and sell fish

READ MORE: Fisheries Act doesn’t go far enough, says Nuu-chah-nulth Tribal Council

“We have been winning court cases against the federal government since 2006,” Ehatteshaht Chief Councillor Rose-Ann Michael said in a statement.

“We met with Minister (federal fisheries minister Dominic) LeBlanc a few weeks ago and he asked us what the government could do to prove they were different than the Harper government,” Michael added. “We told him then and we’re telling him again, stop dragging your feet and get on with implementing our fishing plans.”

In a speech in the House of Commons in Ottawa earlier this year, Courtenay-Alberni MP Gord Johns said the federal government has already spent $19 million on court proceedings. Johns, a member of the federal NDP Party, implored the government to settle the matter in the spirit of reconciliation.

“The Nuu-chah-nulth have been more than patient,” Johns said in a statement released April 19. “The nations have developed fishing plans that uphold conservation and provide for reasonable allocations and well-managed fisheries. All our communities on the west coast of Vancouver Island support Nuu-chah-nulth getting a fair share of the fishing opportunities in their territories.

“It is just good business for the economic well-being of our coastal communities and First Nations.”

editor@albernivalleynews.com



Susie Quinn

About the Author: Susie Quinn

A journalist since 1987, I proudly serve as the Alberni Valley News editor.
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