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Aboriginal Fisheries Policies Seminar The Simon Fraser University Retirees Association is pleased to present the next in our series of talks given by members of the SFURA. All members and associates of the SFU community are welcome to attend. Abstract My primary goal will be to discuss my interpretation of the Aboriginal Fisheries Strategy (AFS) pilot projects in British Columbia, originally implemented in 1993. Whereas pursuant to Federal Fisheries Legislation Aboriginals may fish for food - but not for sale, as I understand it, the AFS was an arrangement between the Federal Government and three Aboriginal groups in three pilot locations, which includes the Lower Fraser, setting a specific limited allocation of fish to be harvested by each group, of which they would be entitled to sell. However the scheme was designed to support the principles of the 1990 Supreme Court of Canada, Regina v. Sparrow decision, which held that there is an Aboriginal Priority over all other users - which is entrenched in Section 35 of the Charter of Rights and Freedoms - to harvest for food, ceremonial and social purposes, subject to conservation measures, which must be applied to the other users first and if insufficient, the Aboriginal right may be infringed upon. The Court emphasized subsistence is the primary purpose for the communal benefit - which I submit, therefore, that the proceeds of the sales are to be used for the communal benefits. Hence it is my position that the controversy, particularly in regard to the Lower Fraser, arises from concerns that the Aboriginal priority right may not have been administered properly or appropriately and/or consistent with the principles of the Sparrow case - for whatever reasons, or by whoever etc. Effectively I submit that the AFS was not designed to be a racial fishery. Back to Fishy News. |
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