Fisheries
and Oceans: Dhaliwal Provides Update Following Marshall Case Ruling
Canadian Press
Monday, September 27, 1999
OTTAWA, ONTARIO.
Today, Herb Dhaliwal, Minister of Fisheries and Oceans, sent a letter
to provincial Fisheries Ministers, First Nations and other aboriginal
organizations, as well as commercial fishing organizations in Atlantic
Canada on the Supreme Court of Canada decision in the Marshall
case.
Attached is the text of the letter.
LETTER FROM HERB DHALIWAL, MINISTER OF FISHERIES AND OCEANS to provincial
Fisheries Ministers, First Nations and other aboriginal organizations,
as well as commercial fishing organizations in Atlantic Canada on
the Supreme Court of Canada decision in the Marshall
case
September 27, 1999
Dear :
I am writing to you today regarding the recent Supreme Court of Canada
decision in R. v. Marshall and the Department of
Fisheries and Oceans' actions to date in relation to that decision.
The judgment is complex, and a full understanding of all dimensions
must await the outcome of our ongoing legal analysis of the decision.
Once that assessment is completed, I will be in a better position
to determine options and processes for moving forward with an application
of the ruling.
In the meantime, my staff and I have been using every opportunity
to encourage all fishers and other stakeholders to remain calm and
exercise restraint in this immediate period of uncertainty. My goal
is to maintain proper and responsible management of the fishery while
working with Aboriginal groups, provinces and the fishing industry
to address the implications of this decision for all of us. In this
new reality, our challenge is to find ways to work together to secure
the future of the fishery for both Aboriginal and non-Aboriginal communities.
We must formulate a process for integrating fishing under the treaty
right into the overall fishery. We need to develop a management scheme
that will respect the treaty right described by the Court, while being
sensitive to the social and economic realities of the Atlantic fishery
and those dependent on it.
We are working closely with other federal departments in addressing
the implications of the decision. I have spoken with Aboriginal leaders
and industry representatives to seek their patience and support as
well as their views as to what process they envisage for implementation
of the decision. I have discussed the decision and its implications
with my provincial counterparts and have received their commitment
to be part of the solution. Furthermore, my departmental officials
and I will continue to meet with Aboriginal leaders, provincial officials
and industry representatives in the near future to find solutions
that will respect the decision of the court, and is fair to the interests
of others.
Through this interim period, my immediate priority is to ensure stewardship
and protection of the fishery resource. DFO has an enforcement plan
in place to ensure that conservation and public health and safety
are not compromised. The Department's enforcement capabilities have
been redirected to ensure that any fishing resulting from the Marshall
decision conforms with the law. Fishery officers are closely monitoring
and recording fishing activity. The Department will take enforcement
action where conservation or public health and safety are concerned.
Where an Aboriginal person is fishing in violation of conservation
measures (such as retaining undersized lobsters) Fishery Officers
will take the appropriate action if necessary. If the fishery as a
whole is creating a clear risk to conservation, the appropriate Aboriginal
organization will be notified. In that case, Fishery Officers may
close down the fishery and take enforcement action if necessary. Non-Aboriginal
fishers on board vessels will be subject to regular enforcement procedures.
If protest fisheries are taking place, regular enforcement procedures
will apply.
Let me reiterate the importance of patience and restraint in the short
term, and the need for all interested parties to work together. Through
open dialogue, we can work together towards a fishery of the future
that will be sustainable, respectful of treaty rights, and provide
for the continued social and economic well-being of coastal communities
and those dependent upon the fishery. I am encouraged by the cooperation
shown by all parties in keeping the lines of communication open, and
I trust this will continue.
Yours sincerely,
Herb Dhaliwal
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{ au: Herb Dhaliwhal dt: 09/27/99 sc: cpress}
