Sunday, April 24 marked the 10-year anniversary of the Nuu-chah-nulth Fishing Rights court case, what is now commonly called Ahousaht et al.
The original trial started on April 24, 2006, and concluded on Nov. 3, 2009, with the trial decision recognizing the Aboriginal rights of five Nuu-chah-nulth Nations (Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht and Tla-o-qui-aht) to fish and sell into the commercial market.
The trial decision was upheld through subsequent appeals, culminating in the final decision by the Supreme Court of Canada in January 2014 confirming the trial decision.
The court orders provided two-and-a-half years for the federal government to negotiate with the five Nations and implement a new fisheries regime which recognizes the Aboriginal rights of the five Nations.
The former federal government under Stephen Harper failed to provide Fisheries and Oceans Canada negotiators with a mandate to negotiate a fair settlement, forcing the five Nations to return to BC Supreme Court to seek a settlement based on their fishing plans to implement their Aboriginal rights.
After six months, the new Liberal government has not indicated any change in direction, and continues to oppose the Aboriginal rights of the five Nations through costly litigation rather than settlement through fair negotiations.
On April 21, Courtenay- Alberni Member of Parliament Gord Johns issued a media release about a letter he had sent to Minister of Justice and Attorney General for Canada Jody Wilson-Raybould, which asked her to work with Fisheries Minister Hunter Tootoo and Indigenous Affairs Minister Carolyn Bennet to bring about a resolution to the accommodation of fishing rights of the five Nations.
Johns wrote “the treatment of this case by the previous government was consistent with an overarching strategy to obfuscate legal rulings that did not fit within their political objectives.”
He said the mandate letter provided to Wilson-Raybould prioritized a review of Canada’s litigation strategy which should include early decisions to “end appeals or positions that are not consistent with our commitments, the Charter or our values,” according to the mandate letter.
Johns calls for the “immediate and overdue resolution to the accommodation of the fishing rights for the Nuu-chah-nulth First Nations.”
See letter below.
