Tuesday, November 3rd, 2009
B.C. Supreme Court upholds fishing rights for bands on Vancouver Island
VANCOUVER, B.C. - The B.C. Supreme Court says a group of Vancouver Island First Nations have the right to any fish caught in its traditional territory and can sell the fish commercially.
But while the decision upholds the bands' right to fish, Justice Nicole Garson dismissed a claim to aboriginal title to the fishing territories, saying that issue must be settled separately.
The decision involves several bands, collectively known as the Nuu-chah-nulth First Nation, which have territory on the west coast of the island near Tofino and Clayoquot Sound.
It upholds the federal government's control over all fisheries and urges the band to negotiate with Ottawa on how native fishing and fish sales can be handled while recognizing the need to regulate the fishery and accommodate other fishing interest.
She says these talks could even help the two sides make progress on treaty negotiations by addressing the issue of aboriginal title.
Justice Garson says if the two sides can't come to a fisheries settlement within two years, another trial could be held to sort out the matter.
