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