John Cummins, M.P. Delta-South Richmond

News Release

FOR IMMEDIATE RELEASE
February 12, 2001

PMO Access to Information Documents Reveal Dhaliwal`s Claim on Marshall To Be Groundless

The Minister refused to provide the legal basis for the government's response to Marshall in light of the Access to Information documents:

Mr. John Cummins: Mr. Speaker, on Friday the Minister of Fisheries announced a plan which will result in the buy out of 20% of maritime fishermen. Privately the Minister has stated that the government is prepared to spend almost $500 million on his plan which will gut fishing communities in the Maritime Provinces. The Minister claims that this destructive policy is the government's necessary response to the Marshall decision. Will the Minister table the government's Legal Opinion that obliges him to proceed with this destructive and divisive plan?

Hon. Herb Dhaliwal (Minister of Fisheries): Mr. Speaker, once again the hon. member has his facts all wrong. On Friday both myself and the Minister of Indian Affairs put forward a long-term plan to deal with the Marshall decision. We were on a two-track system. The minister of Indian affairs was looking at the broader issues of aboriginal rights and treaty rights. I, as minister of fisheries, continue the good work we did last year in building agreement at providing entrance into the fishery by the aboriginal community as asked by the Marshall decision. We are responding and it was very successful last year. We are going to continue-

Mr. John Cummins: Mr. Speaker, the Supreme Court has stated that the purpose of recognising aboriginal rights was to reconcile aboriginal and non-aboriginal communities. The government's response to the Marshall decision has failed miserably on this point. We have documents obtained under Access to Information, which show that the Prime Minister received advice on Marshall from the Privy Council contrary to what we hear from the Minister. How does the Minister explain away this contradiction? Will he table the Legal Opinion on which his policy is based?

Hon. Herb Dhaliwal: Mr. Speaker, I have come before the Fisheries Committee, of which the hon. member is a member, and pointed out clearly what the legal position of the government is in terms of interpretation of the Marshall decision. The Marshall decision clearly said that there is a right to fish commercially. We are responding to the decision and will continue to do so. Last year when the opposition member was saying it could not work we had 30 agreements signed. We had aboriginal people earning a livelihood and participating in the fishery. It has worked very well. We are going to continue. We have a long-term plan. Unfortunately the party opposite does not have a plan.

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For more information, please contact:

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