Supporters gathered on the steps of the Vancouver Law Courts today as five Nuu-chah-nulth Nations headed back to court in their long-standing Aboriginal commercial fishing rights battle with the federal government.
The latest twist in the years-old legal saga is known as a “justification trial”. Canada must prove that past and ongoing DFO infringements of Nuu-chah-nulth Aboriginal rights can be justified by federal legislation or Canada’s responsibility to “balance societal interests”.
The Aboriginal rights of the five Nations to fish and sell fish into the commercial marketplace were found in the original 2009 trial decision, as was the determination that the fishing rights of the Nations have been infringed by DFO policies and regulations.
The new trial on justification will revolve around fishing plans that the five Nations have developed to start implementing their Aboriginal fishing rights.
The five Nations — Ahousaht, Tla-o-qui-aht, Hesquiaht, Mowachaht/Muchalaht and Ehattesaht — have developed sustainable fishing plans to commercially harvest and sell fish from their territories, said NTC’s Fisheries Program Manager Don Hall.
“The Nations have developed detailed fishing plans for all species of salmon, groundfish, shellfish, including crab and prawns, and an outline of a fishing plan for herring,” he said.
Nuu-chah-nulth Tribal Council President Debra Foxcroft said the longstanding legal case is “the top issue” and priority for the five Nations pursuing it.
Foxcroft told Ha-Shilth-Sa that Nuu-chah-nulth-aht are positive going into this court case, already having had their Aboriginal right to fish and to sell fish upheld by the courts.
“The Supreme Court of Canada has said that; the highest court of the country. All we want is to have a fair share of the resources, and economic prosperity for our fishermen and our communities.”
For Tla-o-qui-aht Chief Councillor Autlieyu (Francis Frank), the ongoing court case is nearing “the tail-end of this battle,” he told supporters outside the courthouse. Citing a winning streak by First Nations across Canada in the courts over recent decades — particularly in the largely unceded territories of British Columbia — he expressed confidence in winning this case too.
“Canada can't seem to understand that every time they lose, it's time to pack up and to reach an agreement,” he said. “We're getting good at beating them at their own game in their own building.”
But he emphasized that the right to harvest and benefit economically from fisheries predated any court challenges or Canadian legislation and are embedded in centuries of Nuu-chah-nulth history.
“We didn't win a right,” the chief councillor added. “We always knew that we have a right to commercially harvest and sell our fish. The courts agreed with us. We're going to prove to them that we've been right all along: we're good managers of the resource.”
Foxcroft said being able to fish commercially is an essential opportunity for First Nations to “get our communities up out of the poverty level.” A victory in the courts would also bring economic benefits to the wider region.
“We really want to move forward,” she said. With sustainable fishing plans in place, “We're ready to go.”
A Department of Fisheries and Oceans spokesman declined Ha-Shilth-Sa's request for comment, saying "it would be inappropriate to comment on the current litigation" while it is before the courts.
