Five Nuu-chah-nulth Nations are celebrating a legal victory for their fishing rights today.
The HaB次元官网网址檕om Fisheries Society and TB次元官网网址檃aq-wiihak Fisheries issued a media release on April 19 announcing a B次元官网网址渕ajor legal victoryB次元官网网址� for the Ahousaht, Hesquiaht, Mowachaht/Muchalaht, Tla-o-qui-aht, and Ehattesaht/Chinehkint First Nations following a British Columbia Court of Appeal ruling.
B次元官网网址淭oday is a good day, a day when the Court of Appeal recognizes that the Department of Fisheries and Oceans (DFO) has been infringing on the Nuu-chah-nulth right to a commercial fishery. For years, we have tried to get DFO to implement our right without success,B次元官网网址� said Nuu-chah-nulth Tribal Council President Dr. Judith Sayers through the announcement.
B次元官网网址淎s a result, our way of life has been negatively impacted and these five Nuu-chah-nulth Nations have had to invest time, money and resources to take this issue to the courts not once, but twice, and to the higher court levels. This is unacceptable, and now we need to work to get our fishermen out on the water for this fishing without further delay.B次元官网网址�
5 NCN Nations fishermen in the Ahousaht case have long been waiting to get on the waters to fully exercise their right to a commercial fishery. BC Court of Appeal has agreed with them, & we are urging DFO to act immediately in implementing the court ruling
B次元官网网址� Judith Sayers (@kekinusuqs)
The British Columbia Court of Appeal says it expects Canada to remedy problems in commercial fishery regulations arising from a legal battle that was first launched in 2003.
A three-judge panel of the Appeal Court unanimously upheld parts of an April 2018 ruling by the B.C. Supreme Court that found CanadaB次元官网网址檚 regulation and management of regular commercial fisheries unjustifiably infringed on the First NationsB次元官网网址� rights to harvest and sell fish.
In that judgment, Justice Mary Humphries gave Ottawa one year to offer the plaintiffs opportunities to exercise their rights to harvest and sell salmon, groundfish, crab and prawn in a manner that remedied those infringements.
The five First Nations, known collectively as the Nuu-chah-nulth, appealed the decision, which also found Canada did not fail in its duty to consult with them by refusing to implement their proposals to resolve the dispute and negotiate new policies outside the courts.
The Appeal Court found Humphries did not err in that part of her decision, but also found Humphries was not entitled to impose new limits on the nationsB次元官网网址� commercial fishing rights, and that she erred by limiting certain rights to vessels of a particular size and fishing capacity.
Congratulations , /Muchalaht, , & !
B次元官网网址� Mariah Charleson | 艂u膷in茮cuta (@Mariahcharleson)
In a statement also released on April 19, the Nuu-chah-nulth Tribal Council expressed gratitude for the support they have received from First Nations and organizations.
B次元官网网址淭oday is a day to celebrate,B次元官网网址� said NTC Vice-President Mariah Charleson. B次元官网网址淚 am discouraged that Canada went to this length to deny their infringement of our inherent rights, but today we celebrate. TodayB次元官网网址檚 decision lets the entire world know what we as Nuu-chah-nulth-aht have known for a very long time; that our rights have been, and continue to be, infringed upon by Canada.
B次元官网网址淲ith this acknowledgement, we can begin to work together and move forward in a good way.B次元官网网址�
B次元官网网址� with a file from Canadian Press
READ MORE:
READ MORE:
READ MORE:
