OTTAWA--"Provincial Court Judge Thomas threw out charges against fishermen for protesting a native-only commercial fishery," said John Cummins, M.P. (Delta-South Richmond).

On a similar charge Cummins was given an absolute discharge. Judge Thomas ruled in January of this year that the regulations establishing the native-only commercial fishery were invalid. In the face of the Judge's ruling the government has continued with the native-only fishery and proceeded to charge fishermen who engaged in similar protests.

Today's decision confirms the ruling in the Cummins' case: the government acts outside the law when it proceeds with a fishery without Parliamentary authorization.

"Governments are no more immune from prosecution for illegal acts than members of the public. The difference is that governments in a parliamentary democracy are sworn to uphold the law, not break it," said Cummins.

Departmental fishery managers and enforcement officers should now be aware of the Court's ruling on the native-only commercial fishery. Given that knowledge, if the Minister proceeds with another illegal fishery, charges can and will be initiated against those departmental fishery managers and enforcement officers who establish or protect any further native-only commercial fisheries.

"Once government officials chose to knowingly engage in illegal acts, they must face prosecution."

"The rule of law requires that governments, even democratically elected ones, act within the law. Once government actions have lost the protection of the law and the courts refuse to enforce their edicts, their illegal schemes become unworkable. The officials themselves can expect to face the sanction of the courts," said Cummins.

-30-

August 7, 1998

Hon. David Anderson, P.C., M.P.
Minister of Fisheries and Oceans
House of Commons
Ottawa, Ontario

Dear Minister:

Today Provincial Court Judge Thomas reaffirmed that the native-only commercial fishery as established by your officials is invalid and without authorization of Parliament:

"I therefore conclude that the DFO has chosen to disregard the law as stated in R. v. Cummins..."

"I agree...that the DFO has dispensed with the law by adopting an enforcement policy which focuses on one group, and exempts another group and that policy violates the conscience of the community, such that it would genuinely be unfair and indecent to proceed. In my view, the Court should intervene here to prevent an abuse of process which could bring the administration of justice into disrepute."

You and your officials chose to ignore the law.

Government officials are not immune from prosecution for illegal actions. If departmental fishery managers and enforcement officers proceed with another illegal fishery, charges can be initiated against each and everyone personally.

Once government officials decide to knowingly engage in illegal acts, they put themselves in a position where they are personally liable for the offence they are committing.

Yours sincerely,

John Cummins, M.P.

cc. Donna Petrachenko, Regional Director General, Pacific Region

Robert Martinolich, Acting Director of Conservation and Protection, Pacific Region