John Cummins, M.P. Delta-South Richmond

News Release

May 7, 2001

Letters to the Editor
Telegraph Journal
P.O. Box 2350
210 Crown Street
Saint John, N.B. E2L 3V8

Dear Editor:

Re: Lawrence Paul, "Native Bands Favour Discussion". May 1, 2001

Lawrence Paul demands that Aboriginal-Canadians in the Maritimes be given a special "role in fisheries harvesting and management, commensurate with [their] treaty rights." If their role in fisheries harvesting and management is dependant upon treaties signed in 1760-61 and fishing rights defined by the Supreme Court of Canada in its Marshall decisions then Chief Paul ought to be careful about what he wishes for.

Treaties with natives in key fishing areas of the Maritimes don't exist. The Library of Parliament's Law and Government Division has advised that it is "unable to locate" any treaties entered into by natives in Prince Edward Island, southern Nova Scotia between Cape Sable and Annapolis Royal, or in the Gaspe.

The status of the trade section of the 1761 Miramichi Peace and Friendship Treaty is in doubt as a result of Miramichi natives joining in the American Revolution. The 1779 treaty signed during the revolutionary war contains a new article on trade, presumably replacing the earlier one.

Treaty rights exist only if there is a treaty that clearly identifies a special right not available to the general public or if the Supreme Court of Canada has found that a treaty provides such a special right. In the absence of a treaty there can be no special treaty right.

Mr. Marshall, the Supreme Court ruled, had a treaty right that allowed him "to fish for eels in what was described as a small-scale commercial activity to help subsidise or support himself and his common-law spouse." According to the Court in its second decision, the issue before it and upon which it ruled was whether Donald Marshall had a right to fish for eels: "The Marshall appeal related to fishing eel out of season contrary to federal fishery regulations. In its judgement of September 17, 1999, a majority of the Court concluded that Marshall had established the existence and infringement of a local Mi`kmaq treaty right to carry on a small-scale commercial eel fishery."

Before any of Chief Paul's members take over harvesting and management of the fishery, they first must establish that they have a treaty and that the treaty provides them with a special right to fish in their traditional area. Until each of his members have done so, they have no more rights to harvest and manage lobster or any other fishery than their neighbours.

Yours truly,

John Cummins

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For more information, please contact:

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