Cheam band tries to shut out anglers
First nation seeks Supreme Court injunction to bar recreational fishing in natives' traditional areas on Fraser
Scott Simpson
Vancouver Sun
Thursday, August 04, 2005
FRASER VALLEY - Fraser River anglers are being confronted on the banks of the Fraser River by members of the Cheam First Nation who want a prohibition on recreational fishing in a traditional aboriginal fishing area near Chilliwack.
Band members are handing anglers a package of documents that includes copies of a statement of claim that Cheam Chief Sidney Douglas filed July 20 in B.C. Supreme Court.
The claim asserts that the band's aboriginal fishing rights include "the exclusive right to use and control access to the fisheries in the Pilalt Title Area, including the sockeye fishery."
Pilalt was the original tribal group from which the Cheam are descended.
"Of course I don't like it," said Fred Wardroper, owner of Chilliwack Darts and Tackle.
"I don't know how you can close parts of the river for another user group. The people that have come into the store with these papers are not happy at all. I don't think they are intimidated. It just doesn't seem right."
As well as the copy of the statement of claim, anglers are being handed a letter from the Cheam's lawyer that advises that the band is seeking a Supreme Court injunction that would immediately bar anglers from angling in areas of the Fraser where the band operates its federally managed food fishery.
Both documents name John Doe and Jane Doe as the targets of the legal action, with those identities referring to "persons unknown who are and who are expected to be engaged in a licensed recreational fisheries [sic] for salmon on the lower Fraser River in July and August 2005."
Spokesmen for Fraser Valley sport fishers, guides and tackle shops said they are deeply disturbed by the Cheam's action and warned that it threatens both the common property rights that belong to all Canadians as well as a large portion of the Chilliwack tourism economy.
Douglas did not respond to The Vancouver Sun's request for an interview.
Cheam legal counsel Robert Janes described the injunction as an interim measure, limited in scope, that is only intended to allow the Cheam food fishery to proceed without having to manoeuvre around sport fishing lines and boats.
"There are five particularly critical [river] channels that are used for drift fishing and essentially we will be asking the court to have the recreational fishermen barred from those channels while the Department of Fisheries and Oceans opens the Cheam aboriginal fishery," Janes said.
In its statement of claim, the band said "overcrowding" by sport fishers diminished the volume of its sockeye catch in a July 23 food fishery, and it wants the authority to forbid sport angling in the area unless anglers have first sought and received Cheam consent to use their aboriginal "title area."
"It would have huge impacts on the economy in Chilliwack," said Frank Kwak, vice-president of the Fraser Valley Salmon Society.
Kwak noted that anglers come from all over the world during the summer and fall months to fish the Fraser, particularly around Chilliwack, for salmon and sturgeon.
Added Dean Werk, president of the Fraser Valley Guides Association: "This news is spreading fast.
"When it gets to the European world you are going to see cancellations and more cancellations and this will be devastating to British Columbia.
"Is this province open for business, or is it not?"
© The Vancouver Sun 2005