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CTF Responds to BC Supreme Court Decision

Author: Tanis Fiss 2004/05/23
  • Judge says aboriginal-only fisheries do not discriminate

  • CTF urges the federal government to continue the suspension of the Aboriginal Fisheries Strategy
CALGARY: The Canadian Taxpayers Federation's Centre for Aboriginal Policy Change (Centre) responded to today's BC Supreme Court Decision that ruled the practice of aboriginal-only fisheries do not discriminate against non-native commercial fishermen.

Tanis Fiss, director of the Centre questioned Justice Donald Brenner's decision, "When non-native fisherman are not allowed to fish yet native fisherman are allowed to fish, how is that not discrimination "

Justice Brenner did not endorse the federal government's controversial Aboriginal Fisheries Strategy (AFS), but indicated Ottawa should come up with a better way of allowing Indians into the lucrative BC salmon fishery. However in BC, Indians have had a history of participating fully in the lucrative commercial fisheries.

"In Canada natives have always enjoyed the same right of access to commercial fisheries as all other Canadians. In British Columbia prior to the implementation of the AFS, native people participated in the commercial fishery at a ratio ten times that of their ratio to the general population. There was no need for the Aboriginal Fishery Strategy then or now," stated Fiss

Today's ruling will be appealed by the BC Fisheries Survival Coalition who expects their case to work its way to the Supreme Court of Canada.

Last July, Judge William Kitchen called the AFS "government-sponsored racism". His comments lead to the suspension of the AFS. "The CTF strongly urges the federal government to continue the suspension of the Aboriginal Fisheries Strategy, until the matter has been settled by the Supreme Court of Canada," concluded Fiss.

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