Coalition's lawyer confident case is strong against DFO
The legal challenge to the Nechako agreement mounted by a coalition of labour and environmental groups looks better than ever following the release of DFO's defense, according Andrew Thompson, the lawyer handling the case.
Thompson, who is representing the seven groups in the Rivers' Defense Alliance including the UFAWU, said the DFO's defense does not answer the challenge being brought by the groups.
The groups are arguing the minister of fisheries has no right to sign over his authority to control the flow of water in the Nechako to a technical committee. The agreement gives the committee the right to set water levels and when a dispute arises, the issue would go to binding arbitration.
Thompson said the DFO has three responses.
In the first instance, they are saying the agreement is only the operational agreement and doesn't infringe on the right of the minster to ultimately control water flows.
Thompson dismisses this argument, pointing out the agreement quite clearly includes a shift in the authority to set the level of river flows. The water is critical to the survival of salmon stocks in the river.
The next argument accepts the critics are right. The DFO says the agreement is valid because it is made with the government and not just the minister of fisheries. The argument basically says the government has the right to overrule the Fisheries Act.
"It's not a good argument," Thompson said. "The executive (government) can't overrule Parliament," he said.
If all else fails, Thompson says the DFO is arguing that the clause in the agreement which says the Fisheries Act shall not be affected by the agreement means the minister still has power over water flows.
"That's a lawyer's trick," said Thompson, "To make it stand right you put in a clause that says nothing else counts."
But sound legal arguments aren't the only issue here and Thompson says the groups will have an uphill battle with any judge assigned to the case.
He said the judge may hesitate to interfere in an agreement that has been negotiated between the federal and provincial governments and a big company.
The case will now proceed to the next stage where both sides will try to agree to a single set of facts. If this is possible, the court
case would not require witnesses to deal with the facts. This would dramatically reduce legal costs and ensure a short trial.
The case could be heard late this year or early in 1989.
Meanwhile, the Haisla Indians from Kitamaat village have written to Prime Minister Brian Mulroney demanding land claims be settled prior to any expansion of the Kemano project.
"This project will, almost without question, additionally erode the quality of our traditional food supply, " wrote Chief Councilor Gerald Amos. "We simply cannot let the Kemano Completion proceed unless our land claim has been justly settled."
He noted the federal government agreed to negotiate land claims with the band in 1978.
Tragic accident kills 11-year-old Wayne Mark
Tragedy struck the family of a Vancouver shoreworker Aug. 22 when 11-year-old Wayne Mark died after being run over by a semi-trailer truck on Cassiar St. in east Vancouver.
Wayne, the son of long-time Prince Rupert Fishermen's Co-op fish plant worker Yvonne, died after pushing five-year-old brother Clinton out of the way.
The family had been returning from New Brighton Pool where they had been swimming for the afternoon.
The two boys were riding double on the handle bars at the time of the accident.
Wayne had just returned from the Queen Charlotte Islands where he was hunting and fish-
ALERT BAY
Nimpkish Hotel
The Centre for Commercial Fishermen
• ECHO SOUNDERS • RADIO TELEPHONES • RADAR, ETC.
Alert Bay Electronics
SALES AND SERVICE
RO. Box 324, Alert Bay, B.C Telephone 974-5451
Blueline Supermarket, Ltd.
Box 349 Alert Bay, B.C. VON 1A0 - 974-5521
Open Monday thru Friday 9 AM-9 PM, Saturday 9 AM-6 PM, Sunday 10 AM-5 PM
Free Delivery in Alert Bay
MARINE PROVISIONS SERVICES & QUALITY
ALERT BAY FOODS
• Total supply of fresh meats, produce, in-store bakery and full line of groceries. • Cafe — take out food 'till midnight * Will open after hours if contacted by processors. • Delivery to the boats
974-5501
974-5502
10:00 a.m. to 7:00 p.m. 7 days a week
(across from the Post Office and Liquor Store)
ISLAND CENTRE
ALERT BAY, B.C.
GROCERY - HARDWARE - DRY GOODS RAINGEAR - ICE
Monday-Saturday 9-6 p.m. Fishing Season - Open Sunday 9 a.m.-12 p.m.
Free Boat Delivery • Boat Order Forms Available Phone 974-5535 Chan. 16 'Knight Misf
— Fishermen Are Our Business —
ing with his Grandpa (he called him Grumps).
Workers at the Prince Rupert plant were shocked by the news of the death. A collection was taken up by the workers for Yvonne. More than $800 was collected.
He leaves behind his mother; father Wayne Sinclair; sister Melanie; brothers Chris, Clinton and Conrad; and grandparents, Willie and Thelma Mark.
Services were held at the New Life Christian Centre in North Vancouver.
Onlui)^
Gold Team Realty Ltd.
150 - 8400 Alexandra Road
Richmond, B.C. V6X 1C4
FREE MARKET INFORMATION
BUYING SELLING RELOCATING OR INVESTMENT
Put Our Gold Team To Work For You
278-2121
DAN SPEARE
KIMURA WELDING LTD.
John & Bill Horii. Bow Pickers Custom Aluminum Boat Builders Fabrication, Repairs, Aluminum & Steel etc. Bus. 274-1343 Home: Henry 437-4901 Mits 278-6087 Bay 12 -12320 Trites Rd. Richmond, B.C. V7E 3K7
NORTH PACIFIC
SALMON GILLNETS
We have the LOWEST PRICE/HIGHEST QUALITY Japanese gillnets in MULTI-PLY or SUPER MONO.
Proven for high quality and reliability at Lowest Prices
Complete stock of seine web, floats & hardware. Ask about our new "TWISTED KNOTLESS" seine web.
New 11/2" web in stock.
Complete stock of all your favourite gear in Steveston, Parksville, Sointula & Prince Rupert.
Salmon Gillnets still in stock
• Now available our latest MONO FILAMENT leader line SUPER STAR
• BL-2, BL-5, BL-7, S-9 floats • Salmon & Herring seine nets • Black Cod, Halibut, Shrimp, Prawn & Crab gear • Electronics • Paints
Herzog and Canada Cordage ropes • Helly-Hansen, Bemac, Ranger products
Contact our distribution centre
DELTA
John Norum 584-4863
SOINTULA
R. Belveal 973-6927
ALDERGROVE
Mary & Walter Probert 856-6284
PARKSVILLE
T. Gallop 248-6953
PRINCE RUPERT
Ron Tsuji R. Johnson 627-1770 624-4823
GANGES
K. Hengstler 537-5610
RICHMOND
Its Ikegami 277-6770
^ PACIFIC NET & TWINE LTD.
3731 Moncton Street, Steveston, B.C. V7E 3A5
Branch Stores: • Alberni Highway, Parksville, 248-6953
(604) 274-7236
• Box 31, Sointula, 973-6513
• 141 George Hills Way, Prince Rupert, 627-1770
THE FISHERMAN / SEPTEMBER 16,1988 • 9
