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Author Topic: Angling On The Fraser Threatened, Cheam File Injunction  (Read 64348 times)

Rodney

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #15 on: August 02, 2005, 11:04:12 PM »

Just finished the first six pages of the document, someone really knows how to write an argument essay.

25. If the Cheam fishermen are unable to satisfy their food fishing needs in the course of the openings permitted by DFO, there will be Cheam members, including elderly people and children, who will suffer hardship this year, as the sockeye food fishery is essential to the substance of many Cheam famiies.

>:(

chris gadsden

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #16 on: August 02, 2005, 11:06:55 PM »

The next 7 are o9n the way Rodney, needed a break to talk to Maxine. Here they come. :o

Rodney

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #17 on: August 02, 2005, 11:09:00 PM »

Already?! I was just taking a break on fishbc. :-[

If readers are interested in reading, I might take the time to type out the major portions. Chris is being lazy, he's scanning every single page instead of typing them out for me. ;D

chris gadsden

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #18 on: August 02, 2005, 11:18:44 PM »

Already?! I was just taking a break on fishbc. :-[

If readers are interested in reading, I might take the time to type out the major portions. Chris is being lazy, he's scanning every single page instead of typing them out for me. ;D
But my day started at 4 am and I caught no fish so crabby.

Rodney

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #19 on: August 02, 2005, 11:46:27 PM »

I'm crabbier, I had to supervise kids while they fish for chubs so they didn't hook their own eyes. ;D

Here goes. I've typed out the demands in the injunction as they are the most important ones.

Quote
The aboriginal food fisheries are essential to the physical sustenance of the members of Cheam and cannot be adequately compensated for by an award of damages. The only appropriate relief for these infringements of Cheam's Aboriginal rights and title is injunctive relief preventing and prohibiting this interference.

The Plaintiff claims as follows:
  • An injunction against John Doe and Jane Doe prohibiting them from blocking, obstructing or impeding the efforts of any Cheam fisherman from carrying out an Aboriginal food fishery;
  • An injunction against John Doe and Jane Doe prohibiting them from carrying out the 2005 Sports Fishery in the channels specified in Schedule "B" to this statement of Claim during openings of the Aboriginal Fishery authorized by the Department of Fisheries and Oceans;
  • An injunction against John Doe and Jane Doe from directly or indirectly interfering with the Cheam Aboroginal food fishery;
  • An injunction against John Doe and Jane Doe prohibiting them from carrying out the 2005 Sports Fishery in the Pilalt Title Area without the permission or consent of Cheam;

Schedule "B" is a map and I can't see too clearly the channels on the map due to scan quality but they are mostly around just upstream of Agassiz to Herrling Island. Pilalt Title Area roughly covers the stretch of Fraser from the mouth of Harrison to Herrling.

Old Black Dog

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #20 on: August 03, 2005, 08:21:20 AM »

It says FOOD FISHERY, not fishery.
Do we know the amount of fish they are allowed for this?

Second is the fact that if they get this through the court, think of the other bands that will be in court to ensure they get the same.
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Fish Assassin

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #21 on: August 03, 2005, 08:59:41 AM »

It says FOOD FISHERY, not fishery.
Do we know the amount of fish they are allowed for this?


Interesting question indeed ! Assuming a person eats one salmon a day for a whole year, that's 365 fish per person.
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DragonSpeed

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #22 on: August 03, 2005, 09:24:43 AM »

Already?! I was just taking a break on fishbc. :-[

If readers are interested in reading, I might take the time to type out the major portions. Chris is being lazy, he's scanning every single page instead of typing them out for me. ;D

OCR.  OCR!

DragonSpeed

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #23 on: August 03, 2005, 09:30:44 AM »


The aboriginal food fisheries are essential to the physical sustenance of the members of Cheam and cannot be adequately compensated for by an award of damages. The only appropriate relief for these infringements of Cheam's Aboriginal rights and title is injunctive relief preventing and prohibiting this interference.

The Plaintiff claims as follows:
  • An injunction against John Doe and Jane Doe prohibiting them from blocking, obstructing or impeding the efforts of any Cheam fisherman from carrying out an Aboriginal food fishery;
  • An injunction against John Doe and Jane Doe prohibiting them from carrying out the 2005 Sports Fishery in the channels specified in Schedule "B" to this statement of Claim during openings of the Aboriginal Fishery authorized by the Department of Fisheries and Oceans;
  • An injunction against John Doe and Jane Doe from directly or indirectly interfering with the Cheam Aboroginal food fishery;
  • An injunction against John Doe and Jane Doe prohibiting them from carrying out the 2005 Sports Fishery in the Pilalt Title Area without the permission or consent of Cheam;

OK...from a "Glass is half full" perspective:

1) Loosely translates to don't get in the way of our nets, or the boats
2) Don't fish WHERE we fish, WHEN we fish there.
3) Don't interfere with our fishery (blockade concenrns?)
4) Don't fish the area we want to claim as our land, without our permission

Seems to me that they're not saying DON'T fish anywhere in the Fraser EVER. More of a "Stay out of our way paleface"  - Not that this attitude is going to win them many friends :(

Old Black Dog

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #24 on: August 03, 2005, 09:36:28 AM »

So, time for a counter suit?
Just reverse the names?
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DragonSpeed

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #25 on: August 03, 2005, 09:39:41 AM »

I wonder, since the loss to an individual fisherman would be less than 5K, if somehow we could all start small claims actions against them?

allwaysfishin

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #26 on: August 03, 2005, 10:37:28 AM »

ROD OR DRAGONSPEED : can you fax me what info you have on this injunction??? or is there a link to it online ??
fax me at 604 273 5980
thx guys
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chris gadsden

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #27 on: August 03, 2005, 12:49:59 PM »

ROD OR DRAGONSPEED : can you fax me what info you have on this injunction??? or is there a link to it online ??
fax me at 604 273 5980
thx guys
I will have an electronic copy soon.

chris gadsden

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #28 on: August 03, 2005, 01:53:31 PM »

ROD OR DRAGONSPEED : can you fax me what info you have on this injunction??? or is there a link to it online ??
fax me at 604 273 5980
thx guys
Have sent it please confirm you have it. Anyone else wishs it PM me.

allwaysfishin

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Re: Angling On The Fraser Threatened, Cheam File Injunction
« Reply #29 on: August 03, 2005, 03:54:18 PM »

i've been out of the office for a few hours, i don't see it on the fax desk.... ?
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