John Cummins, M.P. Delta-South Richmond

News Release

FOR IMMEDIATE RELEASE
April 4, 2001

Aspirations Over Obligations or What I Want For Christmas

OTTAWA--"It is clear that the ongoing transfer of fishing licences, boats and gear to native bands in the Maritimes is based on native `aspirations' rather than any treaty obligations identified by the Supreme Court in the Marshall decision," said John Cummins, M.P. (Delta-South Richmond).

The Minister of Fisheries appeared before the Fisheries Committee yesterday without any legal analysis of the government's fishery obligations arising from the decision; and without copies of the treaties and a list of the bands to which they apply.

He appeared indifferent to the possibility that significant fishing-areas were not covered by the series of treaties entered into in 1760-61, including

o all of Prince Edward Island;
o all of Quebec's Gaspe region;
o all of southern Nova Scotia (the area between Cape Sable and Annapolis Royal); and
o the Miramichi area of New Brunswick;

A treaty right exists only if there is a treaty. That the Minister should presume that individual treaties and the bands to which they apply are irrelevant in implementing treaty obligations identified by the Marshall decision raises fundamental questions about the Minister's claim that he is "providing access to the commercial fishery, consistent with the Marshall decision".

The Supreme Court made it very clear that a treaty right arises only for bands who have treaties and then only in the band's traditional fishing area. The Minister ignored the specific directions of the Court.

For example, under the guise of the Marshall decision, the Minister provided:

o The land-locked Tobique River Band, located several hundred kilometres from the coast, with licences to fish off of Grand Manan;
o The Indian Brook Band, located in central Nova Scotia, with licences to fish in St. Mary's Bay; and
o A Cape Breton Island band with groundfish quota fished by Digby County fishermen off the southern coast of Nova Scotia.

Throughout his testimony the Minister emphasized that his actions were consistent with native "aspirations". He was dismissive of the need for legal opinions to explain treaty rights identified by Marshall."

"These failures represent an almost complete rejection of the basic tenants of the Marshall decision and set the stage for another troubled lobster season," said Cummins.

Contact: John Cummins, M.P.
(613) 992-2957 or cell (604) 970-0937