TheTSherman
Negotiate native land claims now
The Supreme Court of Canada has made it clear that aboriginal rights exist and that food fishing is part of the West Coast native heritage. As such, the right to fish for food and ceremonial purpose must be respected. The court also found that a special trust-like relationship exist between government and aboriginal peoples that requires the Crown to deal honourably with native people.
Courts cannot interpret when Parliament has not clarified intentions
Unfortunately, the record of government has been anything but honourable.
After years of dealing with aboriginal peoples as second class citizens, the federal government belatedly included aboriginal rights in the Constitution repatriated in 1982. It was only done after country-wide protest by native groups.
When asked what the aboriginal rights clause meant, justice minister Jean Chretien sloughed off his government's responsibility saying the courts would interpret its meaning.
It is not the role of the courts to make law. It is up to the government to pass clear laws with clear intentions.
The Sparrow case has now set out some basic principles regarding the aboriginal right to fish for food. Government cannot extinguish aboriginal rights by regulating them out of existence. Nor can aboriginal rights be wiped out by historical government policy and practice. Food fishing is to be given priority over all other uses of the resource after conservation goals have been met.
These questions have been clarified by Canada's highest court. But huge questions remain that were not put before the court. How is individual and societal need to be determined for the native food fishery? Who is to decide? Does a modern interpretation of fishing for sustenance include the right to sell fish? How will allocation be determined?
These are questions that should not have to be determined by the courts.
It's time for the federal government to get down to business negotiating a comprehensive settlement of outstanding land claims in consultation with non-native peoples whose livelihoods may be affected.
It is the only honourable thing to do.
Minimum fines for polluters needed
Fisheries minister Bernard Valcourt has just announced increased fines for pollution offences under the Fisheries Act. That's like trying to threaten the enemy with a bigger unloaded gun.
Big polluters are routinely granted immunity from prosecution if they promise to clean up their act sometime in the vague future. Fines amount to a slap on the wrist.
When challenged by the NDP in the House of Commons on the dismal record of charging known polluters and the paltry level of fines levied, Valcourt said it wasn't his fault if judges hand out low fines.
It is entirely his fault.
If the government were serious about protecting fish habitat and the environment in general, it would introduce high minimum fines for pollution offences, giving clear direction to the courts. It would increase budgets for investigative staff. It would go after polluters with the same vengeance that police go after killers.
It is our environment and our future that is being killed, and^those responsible must be brought to justice.
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Federal pay research figures reveal that salaries for senior staff of Brian Mulroney have gone up more than 16% since 1987, 54% more than those for average Canadians. Bank of Canada Governor John Crow, who is driving up interest rates to cut inflation, has increased his salary by 35% over the same period. The Mulroney Conservatives, meanwhile, have not raised the national minimum wage of $4 per hour since 1987. and average wages for other working Canadians have only increased 13% in three years.
The B.C. Federation of Labour has lifted its boycott of Chilean products. The action was taken as a result of the peaceful transition of power in Chile from the dictator Augusto Pinochet to a democratically elected government.
At the Canadian Labour Congress convention in Montreal, Angela Schira of the B.C. Fed met with Raul Arauena of the Chilean union central. He asked for the removal of the boycott, which he said helped Chileans defeat the Pinochet regime. •
The UFAWU, the Pulp and Paper Workers of Canada and Greenpeace are co-sponsoring a special Stop Pulp Pollution Conference June 29 at the Maritime Labour Centre in Vancouver. UFAWU environment director Arnie Thomlinson says there is mounting outrage at both industry and government for allowing this environmental and health crisis to continue. The three organizations call on all groups concerned about pulp pollution to come out to the conference. For more information: 255-8819. •
In 1989, DFO introduced the Chinook log book program, to
gather management information. But DFO now says the program "failed to meet objectives." In other words, it was a dismal failure.
DFO has now announced a moratorium on the program for 1990, while an evaluation takes place. Commercial fishermen will not be required to fill out and submit chinook log books, nor
will DFO staff collect and process them.
UFAWU office manager Sandi Brice is on six months maternity leave following the birth of Callum Alexander Brice May 17. Callum was the star attraction at a shower held at the Maritime Labour Centre June 13. We wish mother and son all the best. •
All 1989 receipts for CU&C extended health benefits must be submitted to the benefit fund office by June 30.
Receipts may be mailed to the United Fishermen's Benefit Fund at 160-111 Victoria Drive, Vancouver BC, V5L 4C4.
For information call the benefit fund office at 255-8771.
FISH& SHIPS
DOCKSIDE SCUTTLEBUTT: Chinook test fisherman Alan Baker has his new boat the Witch Doctor, ready to fish.
Ed Sopel has bought a 41 foot hull and 540 h.p Cat engine from Joe Lapore and is fitting it out.
The interior of Bill Carter's boat the 4 C's was destroyed by fire May 14 at Brunette Creek. A firefighter was thrown from the vessel by a gas explosion while extinguishing the blaze, but not seriously injured. He was treated and released at the scene.
Grant Snell, president of Steveston local has a new boat, the Tesla.
Walter "Watchie" Zachariuk has a new Farrel 32 footer called Misti Lee being fitted out at BCP Annieville.
Ken Kewano's boat shop on River Road in Sunbury burnt down with Michael Robbins' new 38 footer under construction inside.
Terry Lubzinski, secretary-treasurer of Steveston Local 7, is busy at home working on a new 35 foot Carlson hull called Flying High he hopes to have ready for this season.
Canadian Coast Guard notice W-1064 reminds mariners transiting the New Westminster Railway Bridge to "Keep to the side of the main channel that lies on the port side of the vessel; and when passing through draw of the Fraser River Bridge, use the draw that lies to the port side of the vessel."
Veteran river navigator Eric Arkko interpreted the officialese into normal language for the Fisherman.
"Instead of continuing upriver on the starboard side, like you normally do, when you go under the bridge you change to the port side. Coming downstream.you keep to your port as well."
Anyone approaching the bridge can call the New Westminster Railway Bridge on channel 74.
•
Coolwater Farms Limited in Pickering Ontario has found a use for an idle sewage plant located near Ontario hydro's nuclear generating station.
Canadian Aquaculture reports that the trout farm is using warm waste water from the hydro station to rear rainbow trout.
The thermonuclear power station uses thousands of gallons of water from Lake Ontario to condense steam from its turbines and creates large volumes of water warmed 9 degrees Celsius above the lake temperature.
In 1989 the company produced 650,000 lbs. of trout, surpassing the 1987 value of the declining Lake Ontario and St. Lawrence commercial harvest fisheries.
'There's been one and only one new job created since the free trade agreement was signed last year — and that's a conjob'
NDP Leader Audrey McLaughlin
Published by the Fisherman Publishing Society on the third Friday of each month. Second Class Mail reg. number 1576. ISSN 0015-2986. Single copy $1, $20 per year, $30 foreign. Deadline Friday prior to publication. Member of CALM.
Editor David Lane
Assistant Editor Michel Drouin
Advertising Dave Watt
160-111 Victoria Drive Vancouver, B.C. V5L 4C4 (604) 255-1366
4 • THE FISHERMAN / JUNE 18, 1990