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Race Based Fishing

Author: Tanis Fiss 2003/01/08
Canadians intrinsically believe in the principles of fairness and equality. It is likely we would not stand for Korean-only logging, German-only mining or any other race-based industry. Yet, the BC Liberals are poised to do just that with a native only commercial fishery.

The BC Liberals, who in the past have opposed a race-based fishery, has offered a Nanaimo band its own commercial fishing entitlement as part of land claim treaties. Attorney General Geoff Plant, who is the Minister responsible for treaty negations, blames the previous NDP administration for putting native fishing rights on the negotiation table. Minister Plant has indicated that the government still opposes a separate fishery, however believes the government has no choice but to push toward settlements that would allow native-only commercial fishing.

This is clearly a slap in the face, not only to non-native commercial fisherman, but also to the British Columbians who participated in last year's referendum on treaty principles. More than 93% voted in favour of question number four, "hunting, fishing and recreational opportunities on Crown land should be ensured for all British Columbians." In an Orwellian twist, the BC Liberals are ignoring their own referendum results and suggesting native fishermen are more equal than others.

The unequal treatment of commercial fishermen can be traced back to the implementation of the federal Aboriginal Fishery Strategy (AFS) in 1992. In 1997 Premier Campbell, who at the time was leader of the Liberal opposition, opposed the AFS and stated, "These fisheries are morally, ethically and legally wrong."

The AFS enables native bands to manage and sell their food fish. It was expanded in 1994 to allow government to take voluntarily retired commercial fishing licences and the issuances of new licences and offer them to eligible native organizations. Other Canadian fishermen - commercial or recreational - are entitled only to whatever fragments that might remain. In other words, Native Canadians fish first.

The federal government claims to have implemented this program as a way of complying with the Sparrow Supreme Court of Canada ruling. Unfortunately, the government justification is based on a false interpretation of that ruling.

The 1990 Sparrow decision did not give natives the "inherent" right to a native-only commercial food fishery. What the decision did do was affirm that native people have a right - protected by the Constitution - to harvest fish for food, social and ceremonial purposes. This is nothing new.

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 AFS then or now.

The 1998 Thomas case, affirmed a native-only fishery to be illegal. In 2001 a federal parliamentary committee also found the fishing policy to be illegal. That said, the federal Liberal government continues to implement the program. And now it appears the provincial Liberals are prepared to do the same.

Not only can the AFS be attributed as a source for escalating tension between native and non-native fishers (Burnt Church and the Fraser River), but there is even growing tension between natives. In B.C., due to alleged native over-fishing on the Fraser River, bands located upstream do not have enough fish for ceremonial purposes.

Even if you can forget about the blatant misinterpretation of the court decision, the disregard for equality and referendum results, it is difficult to forget that politicians have introduced - and are continuing to introduce - racial tensions into an industry where few existed and where natives already had a history of success.

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Franco Terrazzano
Federal Director at
Canadian Taxpayers
Federation

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