OTTAWA--"In an appearance before the Senate Fisheries Committee Herb Dhaliwal said that his department wants to fully comply with the Supreme Court's decision in Marshall so that natives can benefit," said John Cummins, M.P. (Delta-South Richmond).

The Fisheries Minister claimed he was happy with the "push" from the courts forcing the increase in the number of natives in the fishery because fishermen had been resisting his earlier attempts to integrate natives into the fishery.

"The Minister's comments are nonsense," said Cummins. "Mr. Dhaliwal is ignoring the limitations established by the Supreme Court all the while claiming the judges made him do it."

The department is obviously confused: DFO now claims that the initial Marshall decision's failure to include a phased implementation or "grace period to adjust" created difficulty even though it never sought a delay in the application of the decision. When I proposed going to Court to seek a stay the Government and other opposition parties rejected the idea of a delay.

The Minister and his officials now claim the Supreme Court's November 17th clarification was necessary as the initial decision was so "complex and difficult to interpret". Yet Government lawyers advised the Court that a delay and rehearing were not needed, as the initial decision had not "impaired" their ability to manage the fishery.

The muddled thinking reigning at DFO is further characterized by the Minister's comments to the Senate Committee on the signing of agreements with Prince Edward Island bands. The Minister credited Rory McLellan of the PEI Fishermen's Association for the success. While this may be so, Mr. McLellan does not seem to have the backing of the fishermen at Malpeque Bay who are most affected by the agreements. Fishermen claim Mr. McLellan spends more time talking to the Minister's lackeys than with fishermen.