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Loss of Moral Authority in Fisheries
It is impossible for one workday to slip by without Canadians receiving another contribution of misfortune from their federal government . . . the one in Ottawa which, once more, continues to display overwhelming ignorance, much arrogance, and slaps us down with another grievous assault on things good and proper.
This sermon is about citizens' rights and fish-protecting priorities, which Jean Chretien’s Liberals consistently ignore. Ottawa’s game-playing is creating highly-volatile situations as the seemingly-unregulated salmon-fishing season swings into high gear in British Columbia waters.
The game plan about citizens’ rights has not been altered but, sadly and unfortunately, is never or only rarely observed as an essential guideline by obnoxious federal minions. As well, priorities once laid out for fish protection are changing. The changes are obvious, despite Ottawa’s surreptitious attempts to disguise them, but the reasons are not.
Ottawa’s reluctance to collar law-breakers continued on May 13 when the Justice Ministry servants over-ruled Fisheries Officers’ (FOs) attempts to investigate and perhaps prosecute natives reported to be fishing illegally. The ugly confrontation on the banks of the Fraser River was most distressing.
Another example of bias, legal incompetence and continuing assault on every Canadian’s long-established right was provided June 17 when a British Columbia provincial court judge acquitted 40 commercial fishermen from charges laid after they had engaged in a protest fishery a year before.
In acquitting the fishermen, Judge Brian Sanderson added scathing comments that criticized government and its simpleton-laden Fisheries and Oceans Canada ministry.
The judge said federal mismanagement has “lost the right to demand respect of the public.” His ruling also blasted the department for failing to adhere to its duty to manage the resource “on behalf of all Canadians.”
“The result of what some might describe as the (Ministry’s) policy of political correctness, but what I choose to call a lack of courage to carry out its mandate as defined by our highest court, is the loss of its moral authority,” Sanderson wrote.
The acquittal is vindication of what commercial industry leaders, recreational fishermen and, yes, even First Nations spokesmen have been saying since last summer.
Chris Cook, president of the Native Brotherhood of BC, used Judge Sanderson’s decision to explain why the federal-inspired native-only agreement “is not an equal playing for a lot of First Nations.”
Allowing four First Nations to fish commercially for sockeye salmon on their river (Fraser) does not afford other bands along the northern coast the same opportunities.
Either all First Nations should be allowed to take part in pilot projects or that allocation of fish should be split among all commercial fishermen, Cook said.
The potential for dangerous future conflicts increases because Canada’s Justice Ministry and a Solicitor General ignore existing rights of citizens. Their actions suggest they believe and behave as if they can use one set of guidelines for one Canadian group, and different rules for its other citizens.
Isn’t it about time to break the racial barrier and treat a poacher as a poacher?
Isn’t it about time to restore conservation of a magnificent resource to the highest priority?
These are among questions quickly fired to Wayne Easter, the Solicitor General, after FOs were humiliated and threatened May 13 while investigating a report of an illegal fishery by members of the Cheam Band.
The questions were e-mailed to Easter by Bill Otway, president of the Sportfishing Defence Alliance (SDA), on June 8. As of June 18, Easter failed to respond.
Mr. Easter must feel anarchy and the threat of violence throughout BC is not an urgent issue. The mid-May conflict on the Fraser River emphasizes, rather clearly, the total lack of legal responsibility by the federal government.
After being threatened and having their vehicle forcibly taken from them, the investigating FOs were NOT provided any support by RCMP officers who responded to the calls for assistance. The Fisheries vehicle taken from the FOs by band members, then, in turn, was “confiscated” by the RCMP officers.
Otway, on behalf of the SDA and BC’s recreational and commercial fishermen, demands Easter and his government impanel a judicial inquiry.
“The adherence to and enforcement of our laws is very much dependant upon peace officers being assured they can count on the immediate support of their fellow officers when troubles arise, says Otway. “Information indicates that this clearly was not the case in this instance and our safety, the safety of our salmon and our fisheries enforcement officers now remains very much in doubt.
“It is critical that this situation be fully investigated, the facts put before the public so they can be either assured order has been restored or at least be aware that the anarchy which has persisted in this area will continue.”
SDA Director Bill Wimpney, a Chilliwack lawyer and long-time servant for the BC Wildlife Federation, feels “the whole situation is intolerable and unacceptable. Our endangered salmon stocks are being put at extreme risk by the failure of DFO and the Federal Government to deal with these illegal activities.
“It is intolerable to have the senior police force in this country failing to support fellow officers while lending credence and encouragement to anarchy.
“This special dispensation from the law of the land for a select few must be publicly investigated. Moreover, the reasons why this group is getting special consideration and who is authorizing this (allowance) must be fully disclosed.”
In the mid-90s, the federal government – in a brief moment of sanity – clearly defined the priorities to be obeyed and thus assure protection of fishing resources. Guided, in part, by some judgments from court rulings, the priorities were needed to curb squabbling between commercial harvesters, First Nations and the recreational sector for “rightful shares” of fishes.
As various stocks dwindled and pressure mounted, Fisheries consistently bumbled because of its incompetent managing while field staff and scientists generally tried to do it right. Sadly, and much too often, the well-meaning were over-ruled by Ottawa’s lame bureaucrats and the non-thinking politicians.
However on one occasion the needed allotment priorities were established. That was when conservation was declared, so very properly, No. 1. Second importance was allotment of “ceremonial and food” fish for natives. The recreational sector took third place and, finally, “the market” or the commercial harvesters finished last but still caught the most.
Sport fishing rightly deserves its priority placing. The Paul Report in 1995 for the British Columbia government placed the value of a sports-caught salmon vastly superior when compared to the commercial per-fish benefit. Based on 1994 catch statistics and total expenditures, each sports-caught chinook and coho salmon had economic values of $1,192 and $424, respectively, compared to commercial values of $62 and $19.
Very much a clean and green industry, highly significant in attracting tourists to various off-the-main-road areas, recreational fishing clearly is a huge bang for the buck that benefits the entire country. The leaders in Ottawa do not seem to understand.
Blame unconscionable maneuvering by the federal government.
Many First Nations are concentrated close to or on the coasts of three oceans surrounding Canada (Pacific, Atlantic and Arctic). The Aboriginals can boast of deep roots to past generations of commercial fishermen. Their majorities, in the main, understand fishing’s values, either as food or a recreational-offering tourism opportunity, and also realize the importance of sustaining an extraordinary resource.
Some do not. “New” entrepreneurs and some old anarchists flaunt their historic rights and embarrass responsible elders and leaders. The dissenters are motivated by greed and, quite bluntly, conservation’s priority is NOT No. 1 on that crowd’s list.
In recent years, the “right” to fish for food and ceremonial needs is being treated in BC as an allowance to consider the entire year as “open season.” Rules also vary between a few natives registered as commercial fisherman and the regulations for non-native harvesters.
Otway reminds Easter: “The SDA feels strongly that until (a full) inquiry takes place, anarchy will rule through all our West Coast fisheries. No officer can be expected to put his or her life or integrity on the line under current operating conditions. In addition, no citizen should be expected to obey fisheries law while the government continues to exclude the ‘chosen few’.”
The lack of protection for Canadian enforcement officers, doing their duty to protect a diminishing resource, is deplorable and unacceptable.
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Ernie Fedoruk retired in 1996 after a 47-year journalism career as an outdoors and sports columnist, has just completed 14 years as director/officer of the Outdoor Writers of Canada, also was director of the Northwest Outdoor Writers Association for 11 years. His passion is fishing – to find and to protect – and insists his greatest contribution as a conservationist is incompetence.
Ernie Fedoruk Freelance Journalist
1867 Neil Street Victoria, BC, V8R 3C6, Canada
phone:(250)592-4438 fax:(250)592-7090
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