Ad Terrace Review — Wednesday, July 25, 1990 Fishing expedition nets landmark court decision. ANALYSIS by Michael Kelly --When Ronald Sparrow headed out for some fishing at Canoe Passage on B.C.’s south coast on May 24, 1984, it hardly seemed as though he would catch the big one: a Supreme Court of Canada decision that native people had been seeking for years. Sparrow, a member of the Mus- queam Indian.Band, was charged that day, while fishing in an area - licensed to the band for food fish- ery, using a drift net longer than the terms of the licence allowed. Six years and several appeals, later, seven member judges of the Supreme Court unanimously upheld and reaffirmed the concept of aboriginal rights contained in Section 35(1) of the Constitution. The ramifications of that May 30, 1990, are echoing around Canada. In the Terrace area alone, it has prompted roadblocks and new assertions of native fishing rights. ‘issue seminar "We're often accused of being liberal intellectuals whe dreamed up these issues to create problems. Well, that isn’t the case. Aborig- inal rights are legal rights with binding precedents in law." Vancouver lawyer Harry Slade, an expert in constitutional law, launched his presentation to a land in Terrace last month with that introduction. "There are serious practical and political ramifications," he warned the group. Slade told them that to under- stand Sparrow requires an examin- ation of British Common Law and colonial policy, which amounts to an acknowledgement of the right : of indigenous people to continue occupying the land. At that time the British had come to Canada "not looking for assimilation, but wealth. There had to be an accom- modation of conflicting interests. They needed a policy, they had to satisfy the natives that their inter- esis were protected." The Royal Proclamation of 1763 cleared the way for treaty-making, the British Crown’s response to the need for policy. Under that pro- clamation, Slade said, "The Indians should not be disturbed or Kitsumkalum Band. revives Kalum fishery TERRACE— After 20 years of allowing chinook salmon stocks to rebuild by refraining from fishing in the Kalum River, the Kitsum- kalum Band is resuming its tradi- tional fishery. The Band announced July 19 that a management plan had been struck with the Department of Fisheries and Oceans for an abo- Tiginal fishery. Chief Councillor Cliff Bolton said the plan was effective July 15 but he doesn’t believe any band members have fished the river to date. The plan covers the entire Kalum River system, including Kalum Lake and the. tributaries. “Bolton explained that the Kit- sumkalum people fished the sys- tem until the 1960’s when declin- " ing stocks became a concern. They ‘voluntarily stopped the fishery for (20 years. “These voluntary things have a way of becoming law," Bolton commented. The Band has worked its way back into the fishery, and Bolton, said the Sparrow Supreme Court decision "made things a lot easier”. The Sparrow decision unani- mously interpreted a section of the Constitution as meaning that Indian traditional fisheries have first priority among user groups, being second only to conservation con- cerns. .,Bolton said it’s difficult to esti- mate the number of fish that will - be taken. They will be used for "food, ceremonial purposes and barter. — :."We have worked very positively toward building | these stocks. - There’s no other user group pre- pared to refrain from fishing for 20 years," Bolton said. Representatives from the Band and the DFO will meet weekly to review and, if necessary, adjust the management plan. The fishery will be monitored by both parties to ensure conservation principles are applied. molested in areas where possession is ‘not surrendered, subject to treaty.” But in B. Cc, he said, "Treaty- making went sideways." Since 1871 B.C. has refused to. become involved in’ treaties, the federal government has accepted 19 com- prehensive claims, and only one — that of the Nisga’a in the Nass . Valley — is being negotiated, and those negotiations have been going on for more than 12 years. "You don’t have to be a rocket scientist to figure out how to make things move faster," Slade remarked, "but no one has bitten the political bullet." = While the province waits for the federal government to advise B.C. on what can be expected in terms of cost, the feds have been attempting to deny what is legally termed their "fiduciary duty”. Slade explained that since the government of Canada has for- bidden native people 10 sell their land or the rights to it to anyone but the government of Canada, the Crown has an obligation under Common Law to treat them fairly. - He called the government's denial | of that obligation "nonsensical" - and added that Sparrow "has.com- — pletely blown away" the federal position. Passage of the Constitution Act in 1982 changed everything, Slade said, with existing aboriginal rights affirmed and recognized. And those rights can be read in a way relevant to our modern context. In upholding those rights, the Spar- row decision effectively places limits on Parliament’s right to regulate those rights: the regula- tions have to meet the test of the fiduciary duty. One thing Sparrow means is that in the competition for land resources, “the Indian interests will BY WER SMART can save you up to 10% on your household water heating costs. That’s why B.C.Hydro is making you a cosy offer: a free insulating blanket for — your electric® water heater, installed free of charge. It’s an offer worth $40. Natural gas is a convenient and econo- mical way to heat water. So if you have a gas line into your house, your best option is to convert to gas the next time you buy a water heater. To help you out, B.C.Hydro, along with your gas company, will give you prevail because they are constitu- tionally. protected. The federal Crown has to assert on Indians’ behalf," Slade said. "But, in my view, the Crown. has another obli- gation to "accommodate conflicting interests’." The route to that accommodation is through treaty-making. Sparrow, ‘he noted, doesn’t solve everything and the terms of aboriginal rights — ‘will still be decided on a case-by- case basis in the courts when necessary. In the mean time, treaties would help settle the con- flicts that erupt daily in B.C. "It benefits both sides," Slade said. “It creates certainty by defin- ing rights to advance interests. It ‘establishes limits on claims, rules for sharing, limits on the scope of Indian control. It would produce the certainty required for Indian and non-Indian alike to proceed with their societal affairs’. -T RCMP watch and wait ~ Police in the Prince Rupert RCMP Subdivision are taking a hands-off approach to native roadblocks in the region. Set, Wayne Watson said Monday they are malntain- ing "a low-key presence" in the vicinity of the Morice- town information blockade, a policy being held through- out B.C. in response to the protests. . "We just want to ensure there are no breaches of the peace," he said. Staff Sgt. McKay of the © Prince Rupert subdivision flew to the site of the Nisea’a blockade at New . Aiyansh Juiy 19, but a tribal council official said McKay told him the RCMP would take no action as long as the blockade remained peaceful. = plementing. mediately. times: this time. NOTICE Water Sprinkling Restrictions This summer weather Is resulting in very high water usage which is lowering the level of water in City reser- voirs. To ensure that adequate supply Is available for fire fighting purposes, the City of Terrace will be im- restrictions on water sprinkling, im- Water sprinkling is permitted during the following ODD NUMBERED HOUSES —. ON ODD DAYS OF THE MONTH EVEN NUMBERED HOUSES — ON EVEN DAYS OF THE MONTH We request that all sprinkling be done during the early morning or late evening hours. We thank you for your assistance in sensible and moderate use of water at CITY OF TERRACE Bundle up your water heater | in a cosy blanket... and save money. Making your electric water heater more energy-efficient new gas water heater within the next year. But if you don’t have gas service in your home, we'd still like your electric water heater to be as energy-efficient as possible. So, when we install the insulating blanket, we'll give you a coupon that’s good for a $20 rebate on a new Power Smart electric water heater, If for any technical reason your electric water heater cannot be fitted with a $150 cash discount if you purchase a BGhydro & an insulating blanket, we'll offer you the same $20 rebate. So bundle up. Your water heater will — save heat, you'll save on your electrical bills, and we'll all save energy. To atrange for a contractor to install the water heater blanket, call Medallion Services Ltd. -at 635-4311 . l0am.to6p.m.. Monday thru Friday - : *For safety reasons, natural gas, propane and oil-fired water heaters do not qualify for this offer. .. Applies to B.C.Hydro customers only. | ae. eet eR aes ay : :