John Cummins, M.P. Delta-South Richmond

News Release

FOR IMMEDIATE RELEASE
August 1, 2000

Smear Campaign by Dhaliwal Out of the Closet
Privy Council Documents Support Cummins' Position

OTTAWA--"Privy Council documents reveal that the Prime Minister and senior cabinet ministers were advised that the Supreme Court of Canada clarification of its Marshall severely limited the application of the original decision," said John Cummins, M.P. (Delta-South Richmond).

Fisheries Minister Dhaliwal has sought to use the weight and prestige of his office together with the extensive government communications apparatus at his disposal to distort the Supreme Court's November 17, 1999 clarification of its original decision in Marshall. Not satisfied with simply perverting the decision, Mr. Dhaliwal has levelled offensive personal attacks on those who point out his misrepresentation.

Previously secret briefing documents prepared by the Privy Council Office, the cabinet secretariat supporting the Prime Ministers Office, reveal that the Prime Minister and the President of the Privy Council, Stephane Dion, were advised that the Supreme Court clarification restricted the original decision to the eel fishery:

"The Court specified the treaty right to fish hunt and gather was...limited, in the case before it, to the right to fish, specifically for eels...It underlined that the original ruling dealt with the right to fish, specifically for eels."

Advice to the Prime Minister

"Its denial of the Coalition's request notwithstanding, the SCC took the opportunity to clarify several aspects of its original decision and emphasize its limited scope... In doing so, however, the Court took what most observers consider to be an unusual step by clarifying several aspects of its original decision and emphasizing the limited scope of the September 17, 1999 decision...The Court explicitly stated that the scope of the Marshall ruling was confined to Marshall's right to trade eels..."

Advice to the President to the President of the Privy Council

"How is it that when critics of the government's native fishing policy present the same information as the Privy Council Office has prepared for the Prime Minister, they are accused of whipping up racial tensions? Strange as it may appear to Herb Dhaliwal merely speaking the truth about the Marshall decision is not racist," concluded Cummins.

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For more information, please contact:

John Cummins, M.P.
(613) 992-2957
(604) 970-0937 (Cell)