John Cummins, M.P.
Delta-South Richmond		 News Release

FOR IMMEDIATE RELEASE

DATE: January 26, 1998

NATIVE COMMERCIAL FISHERY REGULATIONS STRUCK DOWN

OTTAWA--"Fishermen have won a long tough battle. The native-only commercial fishery regulations have been declared null and void. This is a great day for fishermen," said John Cummins, M.P. (Delta-South Richmond).

Since 1992, the Aboriginal fishery regulations have allowed a separate native commercial fishery that excluded from the public fishery licensed commercial fishermen. In 1992-93 the regulations were established on a temporary basis and in 1994 they were re-established by the new government.

Today the Provincial Court in Surrey, B.C., held:

"It follows, in my opinion, that those portions of the license...and the Aboriginal Communal Fishing Licences Regulations purporting to authorize an aboriginal commercial fishery for the Musgueam, Burrard and Tsawwassen Indian Bands have no legal validity and are therefore null and void.

If I am incorrect in reaching that conclusion, I am of the opinion that there is second ground on which the purported opening of the Fraser River on October 26 and 27 for an Aboriginal Commercial Fishery was illegal. Even if the Minister has the authority to determine or establish the existence of an aboriginal right to fish for commercial purposes, he does not have the authority to delegate to the chief's of the bands the right to designate certain members (or indeed non-members) of the band as the persons allowed to exercise the aboriginal right of the band to fish for commercial purposes.

I therefore conclude that the purported opening of the aboriginal commercial fishery from October 26 to October 28, 1995 by either the Aboriginal Communal License, or by variation order, was a nullity. The result, in my view, is that the fishery was not lawfully open to anyone, except aboriginals exercising their right to fish for food or ceremonial purposes, was otherwise closed." (pages 6 and 7)

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For more information, please contact:

John Cummins, M.P.
(613) 992-2957