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Author Topic: Draconian Fisheries Closures  (Read 6571 times)

wildmanyeah

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Re: Draconian Fisheries Closures
« Reply #105 on: May 17, 2019, 10:16:35 AM »

Half the coast is closed not most. Unfortunately it's the half that has most of the fishing population of BC.
Also not late to the party,  Been involved at different levels for a long time, just usually don't post on many forums due to comments about people living in holes and ones of similar nature.

Thank you for your service
« Last Edit: May 17, 2019, 10:28:55 AM by wildmanyeah »
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RalphH

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Re: Draconian Fisheries Closures
« Reply #107 on: May 22, 2019, 09:11:01 AM »


2. The goverment did not loose the case, The current Liberal government decided as part of their Reconciliation plan is that they would no longer fight the case in court.


exactly why did Justice Humphreys release a judgement in this case if the Federal Government decided to "no longer fight the case..."? Do you know how the legal system works? Do they teach that in high school today?

Most of you legal egg-spurts seem to have missed that it has been FOC/DFO, the Federal Government's insistence on fighting such issues in court right up to the SOC that has created this mess over the last 30+ years. Invariably they lost and entrenched FN rights and allocation priorities in the Constitution. If the Government, voters and the fishing communities had taken a path to negotiating agreements acceptable to all we wouldn't be where we are now in terms of how the resource is managed and allocated.

Now we all eat crow , not salmon.
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wildmanyeah

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Re: Draconian Fisheries Closures
« Reply #108 on: May 22, 2019, 09:17:19 AM »

exactly why did Justice Humphreys release a judgement in this case if the Federal Government decided to "no longer fight the case..."? Do you know how the legal system works? Do they teach that in high school today?

Most of you legal egg-spurts seem to have missed that it has been FOC/DFO, the Federal Government's insistence on fighting such issues in court right up to the SOC that has created this mess over the last 30+ years. Invariably they lost and entrenched FN rights and allocation priorities in the Constitution. If the Government, voters and the fishing communities had taken a path to negotiating agreements acceptable to all we wouldn't be where we are now in terms of how the resource is managed and allocated.

Now we all eat crow , not salmon.

Go back and read the media release surrounding the judgment.  Also who was the Attorney General at the time.  The judge has to render a verdict even if the crown prosecutes decide to give up.

Also Ralph one more shot at me like that and you will be going on the ignore list
« Last Edit: May 22, 2019, 09:21:49 AM by wildmanyeah »
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RalphH

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Re: Draconian Fisheries Closures
« Reply #109 on: May 22, 2019, 11:47:34 AM »

again you misrepresent the facts:

- the specific case falls under the management of the The Minister of Fisheries (then Dominc LeBlanc) not the AG. Judy Wilson-Reybold,  the then AG has since stood out as refusing to interfere in such cases at the cost of her job. Regardless she did not have any direct involvement in the case.

- the press release was issued after Justice Humphreys released her judgement

-  the specific judgement included rulings that were not advantageous to the Plantiffs (the Ahousat et al) such as :

Quote
Humphries J.... re-characterized the right as a right to a small-scale, artisanal, local, multi-species fishery, to be conducted in a nine-[nautical] mile strip from shore, using small, low-cost boats with limited technology and restricted catching power and aimed at wide community participation.

the decision to not contend an appeal at a higher court level makes some sense in that the ruling offers a workable compromise that doesn't give broad sweeping rights and allocations to the plantiffs.

 
« Last Edit: May 22, 2019, 11:56:48 AM by RalphH »
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IronNoggin

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Re: Draconian Fisheries Closures
« Reply #110 on: May 22, 2019, 11:59:59 AM »

-  the specific judgement included rulings that were not advantageous to the Ahousat (the Plantiffs) such as :

Fine In Theory, not so much in application.  ::)

That Band (and others) run standard 40 foot trollers in this particular fishery.
And they go pretty well wherever (and largely whenever) they want.
Many times we have witnessed DFO haling them when they have been FAR outside of their nine mile area, and without exception they refuse to answer or comply. DFO does nothing in response whatsoever.

Certainly NOT living up to the intent of the ruling by any means...

Nog
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