Court decides food fishing rights
In a landmark decision brought down May 31. the Supreme Court of Canada has said unequivocally that native food fishing rights exist and are enshrined in Canada's Constitution.
Native groups are overjoyed. It is the first test of the aboriginal rights clause in the Constitution brought in eight years ago. Although the case involved a narrow native fishery issue, many groups are saying that the decision has significant implications for native land claims on the coast.
Non-native fishing organizations are cautiously optimistic. UFAVVU president Jack Nichol says the decision makes it clear that aboriginal people have a right
to fish for food and ceremonial purposes, a position the union fully supports. But he says the court was silent over the key issue of the right to sell fish. He savs it is more important than ever that both the federal and provincial governments start feriously negotiating native land claims.
See pages 12, 13 for a full court summary of the decision.
The case began in May 1984 when Musqueam Indian Band member Ron Sparrow was arrested for fishing with a 37 fathom gillnet, when the band's native fishing licence only allowed a 25 fathom net.
Sparrow and the Musqueam Band
fought the case right through the court system arguing that an aboriginal right to fish exists and that beyond conservation purposes the government has no right to restrict the native fishery. They argued that it is up to the government to prove that regulations are necessary to conserve the resource.
That is. in fact, the essence of what the Supreme Court found. The court stated clearly that aboriginal rights cannot be extinguished or narrowed by government regulation or by historic policy.
And after conservation considerations, the native food fishery takes priority over all other uses of the resource.
See COURT - page 2
The THherman
Vol. 55, No. 6
Vancouver, B.C.
June 18,1990
"V-
NATIVE FISHING: SPARROW CASE /12
SALMON TREATY /3
VISION 2000 - EAST COAST /5 -CONFERENCE /6
ALLOCATION /17
Pro-Canada fishing fleet launched
The threat of unprocessed salmon going straight to the U.S. is all too real.
DFO currently has 15 applications for sea-based landing stations that will be licensed and operating by the start of the salmon season. Up to 20 percent of Canada's West Coast salmon catch is allowed to be exported directly to the U.S. for processing this year and the sea-based landing stations will make it easier than ever.
A recent free trade panel decision says that 20 percent of the Canadian salmon and herring catch must be available for U.S. processors — and 25 percent in the next two years.
The union is launching a "Pro-Canada Fleet'' to halt the export of Canadian fish and insure a healthy economic future for the fishing industry. Fishermen will be asked to boycott sea-based landing stations set up to siphon unprocessed fish to the U.S.
The Pro-Canada fleet is an alliance of commercial fishers regardless of gear type who believe that the benefits of Canada's fisheries should go to Canadians.
There is more than shoreworker's jobs at stake here, says UFAWU organizer Jim Sinclair. "Think about it, "he said. "The federal government spends $150 million a year to maintain the B.C. fishing industry, which makes nearly $1 billion a year. If that value starts to move across the border, why should the feds spend the money here on research, habitat protection and salmon enhancement for the American worker's benefit? This country stands to lose a whole resource."
The UFAWU annual convention in Febuary endorsed a resolution proposed by gillnetter Al Brown that a Pro-Canada fleet would be dedicated to ensuring that grading, processing and shipping of all Canadian fish production be done by Canadian workers in Canadian plants.
The union has designed and produced a sticker which will be available to fishers and packers dedicated to the principle of Canadian fish for Canadians.
If anyone thinks that the American buyers are going to pay a big price for fish, they better think again, said union big boat organizer Bruce Logan. "Sure, they might temporarily pay a premium price until they control the market, then look out. We'll be getting the same price they get in the U.S. for fish, or worse."
UFO officer Jack Broom, in charge of regulation enforcement for the new sea-based landing stations, says "Y" licences will be issued for 15 applications within the next couple of weeks. See PRO-CANADA - page 3
Commercial fleet pays for sports fishery expansion
• HERBERT REICHBOTH readies his gillnet-troller Warra Nymph totroll salmon.
Benefit fund wins lawsuit
The UFAWU has won a lengthy court challenge to the union negotiated Fishermen's Benefit Fund by the Pacific Gillnet-ters Association.
The PGA was claiming that its members were eligible for benefits of the union-negotiated fund.
In a British Columbia Supreme Court ruling handed down June 5, Mr. Justice Meridith said that the members of the PGA had no contract with the processors, nor were they members of the "Vessel Owners Association" referred to in the benefit fund by-laws, and dismissed their claim.
Quoting from the by-laws, Justice Meridith agreed that to be members of the benefit fund fishermen must be "working under an agreement signed bv the UFAWU and/or the Native Brotherhood of BC and/or Vessel Owner's Association."
The PGA sued the trustees of the benefit fund in 1988 when its members were refused benefits.
The funds' bylaws have stated for many years that the eligibility for fund benefits is restricted to members of the UFAWU,
See BENEFIT FUND - page 2 *
The UFAWU is outraged at fisheries minister Bernard Valcourt's recent decision to allocate 42,000 chinook salmon to the commercial sports charter fleet on the north coast.
UFAWU president Jack Nichol called the decision a "scandalous attack on commercial fishermen," and accused the government of having an obsession with the commercial sport and tourist industries.
The quota for the sports fishery for the north coast was increased from 20,000 to 42,000 chinook in this year's allocations. Pressure from the troll fishing lobby resulted in an increase of the troll share of the south coast sockeye catch as compensation.
The loser will be the net fleet on the south coast who stand to lose 300,000 sockeye at a value of at least $3 million.
The UFAWU, the Fishing Vessel Owners Assoc., the Pacific Gillnetters Assoc., the Prince Rupert Fishing Vessel Owners Assoc., the Prince Rupert Fishermen's Guild and the Prince Rupert Amalgamated Shoreworkers and Clerks Union have joined together to protest the cuts.
Philip Eby from the Fishing Vessel Owners Assoc. called it "a wholesale and arbitrary transfer" to the sports fleet. He says that Valcourt has made a mockery of the allocation consultation process and has rewarded "the only section that has refused to bargain in good faith."
All the groups are angry at both DFO and Valcourt for ignoring the allocation plan submitted by the majority of the fishing industry representatives of the Commercial Fishing Industry Council.
Don Assu from the Native Brotherhood says the reallocation of chinooks in the Queen Charlottes from the traditional troll and net fisheries will hit native communities hard.
"These floating sport charter operations are based in Vancouver and Seattle and all the benefits go south instead of to our local native communities," Assu said.
Trailer John Sutcliffe is worried that there may be confrontation on the grounds. He says that at Coho Point, Rennell Sound and Tian Head commercial trailers and sports operators will be coming "head to head." He says northern trailers are particularly angry given that the chinook conservation program has already limited the troll catch 50 percent.
Nichol says the unrestricted sport fishery must be brought under control. He says the commercial fishery brings in $800 million to the economy through fishing and processing jobs.
The coalition of fishing groups is calling on Valcourt to rescind the sellout to the commercial sports operators and restore the share of chinook to historical users.
The coalition also wants the minister to restore the integrity of the allocation consultation process by bring south coast sockeye to levels consistent with recommendations from the majority of user groups.