OTTAWA--"Rather than seek Parliamentary authority to implement the Nisga'a Treaty the government is proceeding with implementation by Order-in-Council," said John Cummins, M.P. (Delta-South Richmond).

Today's ratification of the Nisga'a Treaty by the Government is a calculated first step in putting the treaty into effect without Parliamentary authorization.

In addition "for the purpose of implementing the agreement", the Order-in-Council authorized the signing of the Treaty's Implementation Plan, the Nisga'a Nation Fiscal Financing Agreement, the Nisga'a Nation Own Source Revenue Agreement, the Nisga'a Nation Taxation Agreement, and the Nisga'a Nation Harvest Agreement (the fisheries component of the Treaty).

The Government has by stealth moved to authorize the immediate implementation of key provisions of the Treaty--it's financing, taxation, and fisheries provisions.

The fishing provisions make up about one third of the Treaty and represent perhaps the most important federal asset being transferred to the Nisga'a. The Minister of Fisheries does not posses the authority under the Fisheries Act to extinguish the public right and thereby create an exclusive fishery for the Nisga'a without clear statutory authority.

"In spite of today's Treaty signing, the Parliamentary Secretary for the Minister of Fisheries just this morning informed the Fisheries Committee that the Department was not yet prepared to brief the Committee on the implications of Treaty's effect on the public fishery."