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Apr 20, 2018 2:06PM Post #1
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And a Paradigm Shift in the Allocation Policy Goes Hand in Hand:

A group of West Coast First Nations has won the right to harvest and sell fish commercially after a 12-year court battle.

In the 400-page judgment, Humphries sets out the parameters for the Indigenous fisheries involving species including a variety of salmon, groundfish, crab, prawn and shellfish.

News Article

Here follows the Minister's full statement. The most significant decision is NOT the court case, rather it is the Minister's reference to changing the allocation policy as soon as possible. Placing FN Commercial rights above all others except FN FSC rights is a paradigm shift, and there aren't any more fish to go around... meaning many will soon be off the water to pay the cost of ''reconciliation''...

Minister's Mumblings

Paragraph 1267 of the Judgment for reference:

Result

[1267] I have set out several areas of unjustified infringements arising from the licencing regime above, in the section Aspects of Infringement and Justification Applying To All Species, as set out above. The following conclusions are specifically applicable to the salmon fishery:

The Salmon Allocation Policy insofar as it accords priority to the recreational fishery over plaintiffs’ right-based fishery for chinook is not justified;

Canada’s allocations for AABM and ISBM chinook, insofar as they have been set based on giving priority to the recreational fishery pursuant to the Salmon Allocation Policy, are not justified;

The use of PICFI to provide salmon licences to the plaintiffs is justified, but the mitigation policy itself, in the event of an inability to allocate sufficient chinook to the plaintiffs through PICFI alone, is not justified;

Full Decision

Salmon, and other saltwater species fishing as we knew it, have just met their painful demise. sad

Sadly,

Nog
LAST REPLY
Apr 20, 2018 2:19PM Post #2
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Salmon Allocation Policy

(917) Canada’s position from the beginning of the Negotiations has been that the plaintiffs have been given a commercial right of unknown scope; that is, the right takes its character from the word “commercial”. However, I agree with the plaintiffs that the right is an aboriginal fishing right. Its essential character is as an aboriginal right. Because it is also a commercial right, Gladstone states clearly that it is not an exclusive right, and does not extinguish the right of public access to the fishery. Nevertheless, as an aboriginal right, it has priority over the other sectors, after FSC and treaty rights (limitations the plaintiffs acknowledge), as long as the other factors in Sparrow are properly balanced.

(925) However, the fact that the declared aboriginal right is to fish and sell fish into the commercial marketplace does not lessen the priority to be accorded to the aboriginal right -- it does not allow Canada to start out on the allocation process by treating the plaintiffs’ fishery as simply another commercial fishery. To accord priority to the recreational fishery over the plaintiffs’ aboriginal commercial fishery is not justified.
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