John Cummins, M.P. Delta-South Richmond

News Release

FOR IMMEDIATE RELEASE
September 15, 2000

Fishery Officers Become Hostages At Burnt Church
Rae's Plan Gives Fishery Officers "Safe Passage"

OTTAWA--"Bob Rae's acceptance of an offer of `safe passage' for Fishery Officers through the waters of Miramichi Bay represents a capitulation of government authority over Miramichi Bay," said John Cummins, M.P. (Delta-South Richmond).

Accepting an offer of safe passage represents a recognition of native ownership of the waters of Mirimichi Bay in contravention of the Supreme Court of Canada in Nikal.

The Supreme Court in Nikal ruled that reserve land does not include adjacent waters. In fact it noted that the reserve boundary stops at the high water mark. The Court reaffirmed "the public right of navigation and of fishery in all navigable waters".

In Nikal, the Court relied on the work of former Supreme Court Justice Gerard LaForest and his text "Water Law in Canada - The Atlantic Provinces".

Simply stated, the law in Canada prohibits the establishment of private waters that would prevent free navigation and fishing by the public. Certainly that includes the free movement of federal Fishery Officers on the water.

The reported deal would have native fishermen team-up with federal Fishery Officers to count the number of illegal native lobster traps in Miramichi Bay. Furthermore, while the inventory is being conducted Fishery Officers would be prohibited from seizing illegal traps.

Given that in the discharge of their duty, Fishery Officers may enter "private property without being liable for trespass", does Mr. Rae believe that Mi'kmaq claims on the waters of Miramichi Bay exceed the right of private property owners? Would Mr. Rae have Fishery Officers held hostage in the exercise of their duties by the very people who are fishing illegally?

Is Mr. Rae not aware of the Minister's constitutional obligation to protect the fisheries resource? Is he not aware that in its Marshall decision the Supreme Court confirmed that the responsibility for conservation rests squarely on the shoulders of the Minister of Fisheries and not on natives.

"Caving into the perpetrators of violence on Miramichi Bay, as Mr. Rae is inclined to do, guarantees that the violence and lawlessness will be replayed elsewhere," concluded Cummins.

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For more information, please contact:

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