The Sparrow case was also the genesis for the Aboriginal Fishing Strategy, which provides First Nations with special commercial salmon licences.

The Supreme Court decision has played a significant role in subsequent aboriginal rights cases. The Van der Peet ruling in 1996 set out the factors that determine when an aboriginal practice constitutes an aboriginal right. The Delgamuukw case in 1997 affirmed the Crown has a duty to consult with First Nations when the actions of the Crown infringe upon aboriginal title, and set out a test for proving title. The Haida and Taku River Tlingit cases in 2004 established that government has a duty to consult and possibly accommodate even when aboriginal title has not been determined.

Still, these legal decisions have not resolved all the issues of aboriginal rights and title in BC and First Nations continue to launch legal actions to preserve their aboriginal rights when a perceived threat exists.

“We recognize that litigation has informed treaty negotiations and continues to do so. But a government-to-government relationship, with all its complexities must be negotiated,” said Pierre. “We understand that First Nations may feel forced to take legal action to protect interests they do not see being addressed at the treaty table. That’s a delicate balance. All governments must recognize that relationships cannot be built in court.”

The Treaty Commission has been encouraging all governments to make treaty completion a priority and First Nations to resolve their territorial issues and prepare for self government. Several First Nations are close to concluding final agreements, including In-SHUCK-ch Nation, Sliammon First Nation and Yekooche Nation. Yale First Nation is preparing for a ratification vote by its members.

Nine First Nations are moving to conclude agreements in principle including K’omoks First Nation, Namgis Nation, Nazko First Nation, Northern Shuswap Treaty Society, Oweekeno Nation, Te’Mexw First Nation, Tla-o-qui-aht First Nation, and two of the Tsimshian First Nations.

About the BC Treaty Commission

The Treaty Commission is the independent body responsible for overseeing treaty negotiations among the governments of Canada, BC and First Nations in BC. It has three roles: facilitation, funding, and public information and education.

Established in 1992, the Treaty Commission and six-stage treaty process are designed to advance treaty negotiations. The Treaty Commission comprises a provincial appointee, a federal appointee, two First Nations Summit appointees and a chief commissioner chosen by agreement of all three parties. For more information about the BC Treaty Commission, please visit bctreaty.net.

“We are at a low tide with B.C. First Nations unity,” Grand Chief Doug Kelly wrote in an open letter Tuesday as he announced he will not run again for executive of the First Nations Summit.

“In many respects, I think we’ve lost our way,” the Soowahlie band member added in an interview Thursday, speaking of a collection of leaders called the First Nations Leadership Council.

“I think it’s time for some of the younger leaders to step up, to join the Leadership Council, to take the work, the challenges, the opportunities and move them forward,” said Kelly, who next month turns 50.

Kelly said the fracturing of First Nations in B.C. stems from two major events.

The first, he said, was the election of Shawn Atleo as the national chief of the Assembly of First Nations.

Kelly said the community was not fully unified on the decision, and he believes that rift has carried forward since. He added that Atleo served as a “facilitator and peacemaker” among B.C. leaders, and that no other members have been able to fill that role now that Atleo is gone.

The second issue, he said, was blowback last year from within the First Nations community over a proposed provincial Recognition and Reconciliation Act, which would have recognized aboriginal land claims throughout the province.

Last August, First Nations chiefs from across the province decided not only to kill the proposed legislation, but also to review the leadership structure that had led to its creation.

“Chiefs rejected the top-down process that saw only three members of the Leadership Council negotiating the proposed legislation,” Kelly wrote in his letter.

“Chiefs did not have confidence in this negotiation team to represent and protect First Nations interests at the negotiation table,” he added.

After that decision in August, First Nations leaders established an All Chiefs Task Force to review the structure of the Leadership Council.

Beverley Clifton Percival is chair of that task force and said her group finished three days of meetings on Thursday. “We all agree there’s strength in us being unified and advancing things together,” she said, adding the group is making good progress and will continue its work to determine how this can best be accomplished.

Kelly said he will continue to be involved with the leadership of his local first nation, and will take on other roles as well.

VICTORIA – The Province and three Treaty 8 First Nations – Doig River First Nation, West Moberly First Nations, and Prophet River First Nation – signed a final agreement and four resource management agreements today, announced George Abbott, Minister of Aboriginal Relations and Reconciliation. This final agreement links eight resource management agreements to the Amended Economic Benefits Agreement signed in December 2009.

Victoria, British Columbia – May 20, 2010 -

NEWS RELEASE
For Immediate Release
2010ARR0007-000595
May 20, 2010

The agreements benefit the region by establishing a process for consultation and collaborative management of lands and resources between Treaty 8 First Nations and the Province. These agreements build on the five agreements concluded in 2009 and will contribute to stability and certainty on the land base and will help stimulate investment in northeastern B.C.

Today’s signing of five agreements triggers a final equity payment of $3.5 million for reaching the milestone of concluding four more consultation agreements and a final agreement. The First Nations will receive a total of $17.3 million in one-time equity payments (including the $3.5 million) to enable them to participate in the local economy. The First Nations will also receive annual revenue-sharing payments for 15 years that will float between $2.6 million and $10.2 million per year, depending on provincial revenues and activity in the region.

Also in attendance to sign the agreements were Minister of Energy, Mines and Petroleum Resources Blair Lekstrom, Minister of Forests and Range and Minister Responsible for Integrated Land Management Bureau Pat Bell, Minister of Agriculture and Lands Steve Thomson and Minister of Tourism, Culture and the Arts Kevin Krueger.

“This final agreement and suite of resource management agreements signify the resolution of longstanding issues and the beginning of a new and ongoing relationship founded on the basis of mutual respect and understanding,” said Abbott. “These agreements will provide certainty around economic opportunities, resource development, land stewardship and heritage conservation in the traditional territory of these Treaty 8 First Nations.”

The five agreements signed today are:

- Final Agreement.

- Crown Land Management Agreement.

- Heritage Conservation Memorandum of Understanding.

- Long-term Oil and Gas Agreement.

- Forests and Range Resource Management Agreement.

The five additional agreements, signed in December 2009, are:

- Parks Collaborative Management Agreement.

- Wildlife Collaborative Management Agreement.

- Strategic Land and Resources Planning Agreement.

- Government to Government Protocol Agreement.

- Amended Economic Benefits Agreement.

“Each of the Treaty 8 First Nations has rich and enduring traditions that date back thousands of years,” said Doig River First Nation Chief Norman Davis. “The Heritage Conservation MOU highlights the importance of protecting our heritage and culture for future generations and gives us the opportunity to provide valuable recommendations that the government must address when deciding on the permits for resource development.”

“It is important that our people share in the economic wealth of our traditional territory,” said Prophet River First Nation Chief Lynette Tsakoza. “The Long-Term Oil and Gas Agreement will ensure we continue to play a key role in the stewardship of the land, while giving us increased confidence and certainty about our economic future.”

“This Forestry Agreement will allow Treaty 8 First Nations and B.C. to enhance and promote sound forest management, as well as support job-sharing and other training and employment initiatives that are crucial for the well-being of our members,” said West Moberly First Nations Chief Roland Willson. “We are increasing opportunities for participation in the forestry sector while ensuring that we can continue to exercise our Treaty 8 First Nations’ rights.”

“Being involved and informed at the early stages of potential development within our traditional territory will play a critical role for both Treaty 8 and B.C. in providing good decision-making regarding the Crown land application process outlined in the Crown Land Management Agreement,” said Tribal Chief Liz Logan. “The signing of the final agreement wraps-up the eight side agreements we’ve been negotiating for the past six years and we see this as a historic milestone for Treaty 8 First Nations. This entire process provides us with a clear roadmap that will help us create the balance we are looking for and provide certainty around culture, land stewardship, resource development and economic benefits while preserving our Treaty 8 rights.”

Through the New Relationship, government and First Nations are achieving agreements that are resulting in positive change in communities around the Province. For copies of the agreements, visit: http://www.gov.bc.ca/arr.

A backgrounder follows

—
BACKGROUNDER

For Immediate Release

2010ARR0007-000595

May 20, 2010

Ministry of Aboriginal Relations and Reconciliation

B.C. AND TREATY 8 FIRST NATIONS SIGN FIVE AGREEMENTS

B.C. and three Treaty 8 First Nations – Doig River First Nation, West Moberly First Nations and Prophet River First Nation – have reached a final agreement and suite of resource management agreements with the Province that will provide certainty around economic opportunities, resource development, land stewardship and heritage conservation in the traditional territory of three Treaty 8 First Nations.

The B.C. First Nations signatories of Treaty 8 are:

Doig River – pop. 249 – Chief Norman Davis

Prophet River – pop.223 – Chief Lynette Tsakoza

West Moberly – pop. 211 – Chief Roland Willson

The three Treaty 8 First Nations are in northeastern B.C. The approximate population of British Columbia Treaty 8 First Nations is between 2,500 and 3,000.

Final Agreement

The final agreement links all the completed agreements and resolves all outstanding issues to the satisfaction of the Province and the three First Nations. The purpose of the final agreement is to affirm a new and ongoing relationship founded on the basis of mutual respect and understanding. This final agreement is not a treaty nor a land claims agreement.

Heritage Conservation Memorandum of Understanding (MOU)

The Heritage Conservation MOU highlights the importance of heritage protection and conservation during development projects and resource extraction.

It establishes processes to effectively share information between the Province and Treaty 8 First Nations and enables the participation of Treaty 8 First Nations in heritage conservation. It provides for public education, including such things as meetings, workshops and printed materials, to educate the public and government agencies in order to increase knowledge around heritage conservation in the area and cultural sensitivity around First Nations’ heritage issues.

Long-term Oil and Gas Agreement

The Long-term Oil and Gas Agreement facilitates relationship building between the Province and Treaty 8 First Nations around oil and gas matters by improving reporting processes for Treaty 8 First Nations complaints, incidents and compliance matters, in a way that provides opportunities for Treaty 8 First Nations to have input into major policy and regulatory development, and by identifying opportunities for the Treaty 8 First Nations to become more involved in various aspects of reclamation.

Further, it sets out a consultation process that meets the obligations of B.C. to consult the Treaty 8 First Nations on oil and gas tenures issued by B.C. with respect to proposed parcels that get referred to the Treaty 8 First Nations as part of the consultation process.
Crown Land Management Agreement

This Agreement describes the framework and process by which the Crown will:

- Consult with the Treaty 8 First Nations with respect to Crown Land Applications.

- Accommodate, where appropriate, Treaty 8 First Nations’ rights recognized and affirmed by Section 35(1) of the Constitution Act, 1982.

Forests and Range Resource Management Agreement

The Forests and Range Resource Management Agreement addresses administrative and operational decisions in reconciling the rights and interests between British Columbia and Treaty 8 First Nations.

It provides the basis to increase Treaty 8 First Nations’ opportunities for participation in the forest sector and promotes the management of forests and range in a manner that:

- Promotes biodiversity and the sustainable use of British Columbia’s forest resources.

- Allows for the continued exercise of the Treaty 8 First Nations’ rights.

It establishes a clear process to facilitate collaboration between the Province and the Treaty 8 First Nations that allows them to move forward in a timely manner toward stability and compatible outcomes rather than litigation.

The agreement provides for effective, meaningful and collaborative forest and range management and planning and sets out a process for consultation re the potential impacts of administrative and operational decisions about Treaty 8 First Nations’ rights.

It provides for the improvement of communications and information between the Ministry of Forests and Range, provincial agencies and Treaty 8 First Nations, and furthers Treaty 8 First Nations’ objectives of working toward shared decision-making with respect to forest and range management and planning.

The ongoing annual payments provided under the AEBA are a form of revenue-sharing that provides these three First Nations with a share of the benefits from development in the northeast region.

Hundreds of people were in the village of New Aiyansh, located about 1,500 kilometres northwest of Vancouver, to celebrate the 10th anniversary of the land-claims treaty agreement, the first modern-day treaty in B.C.

Nisga’a president Mitchell Stevens said his people have taken huge political and economic strides in the 10 years.

They’ve set up their own parliament, completed a highway system, connected its villages to the Internet, gained control of timber rights from the province and started work on a museum to house art they took back from world museums. But Stevens said one of the most important steps they’ve taken is a law that allows private property rights and gives members the ability to buy and sell their land even to non-band members.

The Nisga’a Landholding Transition Act, passed last October in the Nisga’a Lisims Government parliament, gives Nisga’a citizens the opportunity to own their residential property in fee simple.

”A Nisga’a citizen who obtains fee- simple title to their residential property under the act will subsequently be able to mortgage their property as security for a loan, or to transfer, bequeath, lease or sell their property to any person,” said a Nisga’a Lisims Government statement.

The treaty gave the Nisga’a 2,000 square kilometres of land, about $190 million and self-government provisions. The Nisga’a agreed to not pursue further claims and start paying income tax.

Stevens said the landholding law goes beyond what the original Nisga’a treaty-makers envisioned because while they were seeking to achieve ownership of their lands, this new law allows individual Nisga’a to use their land to explore business options.

”This provides more opportunities for members of our nations, more than ever,” he said. ”It’s available to our citizens if they choose.”

But Stevens said no matter who owns the land, the law stipulates it will always remain Nisga’a land and be subject to Nisga’a laws under the treaty.

At a press conference following the anniversary celebrations, Stevens said the Landholding Transition Act resulted from a series of Nisga’a public meetings where tribal members told their leaders to ”quit babying us.”

Stevens said the Nisga’a, who are about 6,400 people, said they no longer wanted the treaty land managed as it was prior to the agreement where obtaining rights to their territory was the primary goal.

The post-treaty Nisga’a wanted greater personal ownership of the land to pursue their own economic interests, he said. ”This is a real significant step in self government because it’s a process for us to increase our economic prosperity,” Stevens said.

A B.C. aboriginal studies academic said the landholding transition law is a shining example of Nisga’a pride and forward thinking, but there is little data on its use.

”It can be used as collateral for people if they want to borrow money from a bank, which was not an option previously,’’said Prof. Antonia Mills, from the University of Northern B.C. in Prince George.

”My thinking is First Nations should have greater rights to their land and much more compensation for resources that are extracted from it than is currently the policy in Canada,” she said.

B.C. Aboriginal Relations Minister George Abbott, who attended the anniversary celebrations in New Aiyansh, said he is looking forward to seeing first- hand what the Nisga’a have achieved. ”I know that the Nisga’a have worked very hard to build their economic base, to build their political and social base,” he said.

”I think they’ve achieved much in the 10 years. They are moving to a different property ownership model, which I think will be very constructive for their economic future.”

Abbott noted the irony of his appearance at the celebrations because his party fought against the Nisga’a treaty 10 years ago while they were in opposition.

Since forming government, the Liberals have come to support aboriginal issues, saying British Columbia needs to reconcile its past history of confrontation and work towards building relationships with First Nations that allow them to feel at home in the province.

Federal Indian Affairs Minister Chuck Strahl did not attend the anniversary celebrations, but sent a message of congratulations from Ottawa.

The statement said since the treaty was signed unemployment rates have dropped and high school graduation numbers have increased.

Eighty-nine children nicknamed Treaty Babies sang ”O Canada” to mark the anniversary.

The school-age children, who sang the national anthem in their Nisga’a language, were born after the effective date of the treaty a decade ago.

The Hul’qumi’num Treaty Group has been successful in its efforts to have its human rights complaint against Canada heard by the Inter-American Commission on Human Rights in Washington D.C., likely as early as this spring.

The treaty group represents the Chemainus First Nation, Cowichan Tribes, Halalt First Nation, Lake Cowichan First Nation, Lyackson First Nation and Penelakut Tribe.

The group’s argument at the commission is that 810,000 hectares of its traditional territory in southeast Vancouver Island, most of which is now privately owned and developed properties, was illegally confiscated in 1884 as part of a land grant given to the Dunsmir Company to build the Island’s railway. They want to be adequately compensated for it because they say their human rights were ignored in the process.

Canadian officials unsuccessfully argued to the commission that the treaty group still has legal options in Canadian courts and the treaty processes to air their grievances, and the case should not be heard outside of the country.

While any ruling the commission makes will not be legally binding on Canada, Robert Morales, chief negotiator for the treaty group, said the country’s human rights reputation would receive a “black eye” internationally if it decides not to comply with a ruling that is favourable to the group.

He said the First Nations realize it’s “unrealistic” to expect to have the land returned to them, but the group would expect fair compensation at current market value, plus interest, which would likely be in the billions of dollars.

“There’s not enough money in Canada to adequately compensate us for the land, but we’re prepared to be reasonable and negotiate a fair settlement,” Morales said.

A spokeswoman for the federal Department of Justice said any decision of the Inter-American Commission on Human Rights will be taken seriously.

“The Commission has ruled only on the admissibility of the Hul’qumi’num Treaty Group’s petition, but not the merits of their claims,” said Carole Saindon, in a written statement. “Canada still considers negotiations as the preferred method for addressing their claims, and we remain committed to resolving their issues by negotiating workable agreements through the British Columbia Treaty Commission process.”

Doug White, the Snuneymuxw’s new chief, said the land grant to the Dunsmir Company that saw much of his band’s traditional territory handed over to private interests to build the railway was illegal in that it negated the Snuneymuxw’s land rights, which were supposed to be guaranteed under the Douglas Treaty, signed in 1854.

“The basic promises of the treaty were never fulfilled, so the tribunal hearing will put pressure on Canada to deal with its history of aboriginal relations and reconciliation,” White said. “The Harper government is now alone among nations of the world with its vigorous opposition to the rights of Canada’s indigenous people.”

- There is at least 22% less child welfare funding

- There are more children in state care than at the height of residential schools

- Each student receives $2000 to $3000 less for elementary and secondary education

- Only 1 in 4 students will graduate from high school

- There is negligible support for voluntary sector services on reserves (e.g. food banks, literacy programs, recreation programs, Canadian Red Cross, etc.)

- The average annual income on reserve is $10,000

- The suicide rate among Aboriginals is two to six times that of the overall Canadian population

- Living conditions for First Nations people rank 63^rd in the world

The reasons for these frightening statistics lie in the Canadian government’s relationship with First Nations peoples and how that relationship undermines the ability of First Nations children, youth and families to live in healthy ways that honour their distinct cultures and languages.  Although some of the federal government’s most harmful policies, such as residential schools, have stopped, many misinformed practices continue, such as the federal government’s classification of First Nations children by blood quantum and the chronic under-funding of critical services on reserves. Oftentimes, funding inequalities emerge because provincial laws for children apply on reserves but the provinces typically expect the federal government to pay.  When the federal government does not pay for these services or do so to a lesser level, typically the provinces do not top up the funding level. Not only do First Nations receive less funding, but repeated studies show that poverty, poor housing, racial discrimination, lack of educational and social opportunities provide a disadvantage to First Nations children and youth placing them risk for a host of socio-economic and health problems. The challenge lies in finding solutions to these issues.

Although helping with such large scale issues seems like an insurmountable feat, people of all ages and organizations can help ensure First Nations children receive equitable child welfare services on reserve. The First Nations Child and Family Caring Society of Canada in consult with First Nations communities, has created 7 free simple ways to make a difference for First Nations children, youth and families in less than 15 minutes. Here’s how you can help:

7 Ways to Make a Difference:

1.    Be a Witness – to the federal government appearing before the Canadian Human Rights Tribunal to answer charges that it is discriminating against First Nations children today by providing them less child welfare supports than other children receive. A year after the apology for residential schools, this is your chance to follow this historic tribunal and decide for yourself whether or not yo u feel that the federal government is treating First Nations children fairly.

2.    Register your individual or organizational support for Jordan’s Principle which is a child first principle to resolving inter governmental jurisdictional disputes.

3.    Join Amnesty International Canada in putting an end to inequitable child welfare funding for First Nations children.

4.    Help the children of Attawapiskat First Nation get a safe school. Join the Attawapiskat School Campaign.

5.    Help reshape the child welfare system so that it better supports Aboriginal children, youth and families by endorsing the Reconciliation in Child Welfare: Touchstones of Hope for Indigenous children and youth.

6.    Learn how to respectfully engage young people in your organization’s work by registering your support for the Declaration of Accountability on the Ethical Engagement of Young People and Adults in Canadian Organizations.

7.    Join us in supporting the Many Hands One Dream principles to guide improvements to Aboriginal health care resulting in healthier Aboriginal children and young people.

Because of caring individuals who have registered their support for these initiatives, here are some of the positive results:

 The Human Rights Tribunal will be heard by the Human Rights Commission on June 2^nd and 3^rd, 2010. To date, over 4500 caring people and organizations have signed up to follow the case making this the most formally followed legal proceeding in Canadian history.

 Jordan’s Principle is one of the most broadly supported children’s policy movements in Canadian history. Four provinces (BC, Ontario, Saskatchewan and Manitoba) have adopted Jordan’s Principle and New Brunswick has just announced its support. Jordan’s Principle has ensured that First Nations children are no longer left behind because of government wrangling. To date, it has helped 37 children in Jordan’s own community receive critically needed medical care in their homes in stead of having to go unnecessarily into foster care and it has helped a child in BC receive speech therapy so that she could learn to talk before losing her hearing. Jordan’s Principle was also recently cited by the United Nations as a best practice.

The Touchstones of Hope are being piloted in northern British Columbia and there is interest from the rest of the province (www.northerbctouchstones.ca)

To sign up for our 7 Ways to Make a Difference, please visit the First Nations Child and Family Caring Society of Canada website at www.fncaringsociety.com.

Negotiators from the Te´Mexw Treaty Association and the province offered the public an update and a rare glimpse into treaty making May 18 at the Metchosin Community Hall.

While no specifics were provided concerning Crown lands, the amount of money involved or governmental structures, the province and Beecher Bay both alluded that the Department of National Defense lands on Rocky Point could be part of the treaty settlement. A representative from the federal government was not at the meeting.

“The Beecher Bay people view this area around the reservations as their home,” said Robert Janes, legal council for the Te´ Mexw Treaty Association. “What they want to do is find a way for it to continue to be their home.”

The province has no jurisdiction over federal crown land. The federal government isn’t interested in discussing the land, preferring to let the province bargain with provincial parcels that are detached and spread out from the reservation, Janes said.

The TTA, which represents the Malahat, Nanoose, Songhees, T’Sou-ke and Beecher Bay First Nations, are engaged in Stage 4 negotiations, discussing an agreement in principal – the nuts-and-bolts details of the treaty.

“We have all gotten to a point now where we see some hope,” Janes said. “What the process is about is trying to find a way to resolve some of the outstanding issues … without doing things like going to court.”

The province hopes its next negotiated land and cash offer, which it hope to make in 2010, will be accepted and made public with the agreement of all three parties, said Arlene Paton, assistant deputy minister for the Ministry of Aboriginal Relations and Reconciliation.

“We look forward to the day we may share the information for you,” said Marilynn Graham, a negotiator with Ministry of Aboriginal Relations and Reconciliation. “When the time is right, we will be a s transparent as we can be.”

Residents at the meeting voiced criticism of the secrecy surrounding negotiations that could influence land use on the municipal border. More than 60 people attended the meeting. Graham asked attendees to trust in Metchosin council.

While not directly involved in negotiations, council has been kept in the loop, albeit sworn to confidentiality until all three negotiating parties agree to make information public. For now, residents are left with no specifics to ponder.

“We want to let the people of Metchosin know we are not hiding anything. It is not our intent to anger people, it is to work with people,” said former Beecher Bay chief and treaty negotiator Patricia Chipps. “We don’t want money. It is useless, money is here today and gone tomorrow.”

It is expected that once an agreement in principal is reached, the federal government would be more heavily involved in negotiations.

“I think we are quietly optimistic we can reach an agreement in principal over the next 12-18 months,” Paton said. “The province is hopeful if we show commitment to treaty process to address an agreement in principal, that potentially looking at some federal crown land could become an option.”

“I really believe a treaty can be accomplished that will strengthen both of our communities,” said Metchosin Mayor John Ranns. “The success of that outcome will depend largely on the province.”

Job Posting
Communications Coordinator

Te’mexw Treaty Association wishes to extend its thanks to everyone who applied, the posting for this position is now closed, we look forward to hiring a new communications coordinator and wish everyone who applied good luck!

Thank You.

Hearings for the inquiry looking into the collapse of the Fraser River Sockeye salmon fishery in 2009 got underway this week in Vancouver, British Columbia.

Vancouver, B.C. – Last year the Department of Fisheries and Oceans (DFO) predicted 2009 would be a stellar year for Sockeye salmon, saying it expected 10 million sockeye to return. Barely one million returned, prompting calls for an inquiry into the collapse of the important fishery. After the DFO refused to take action over the collapse, the Harper government announced the Cohen Commission to investigate the collapse. A first report is expected sometime in August. Headed by Bruce Cohen, the inquiry is hearing from environmental groups, Aboriginals, fishermen and members of the public.

Salmon farmers have also applied for a chance to present to the inquiry. Head of the BC Salmon Farmers’ Association (BCSFA), Mary Ellen Walling told press  ”Perhaps more than any other industry, the salmon farmers understand the importance of a healthy, productive ocean. Wild salmon stocks are of critical importance to both BC’s environment and way of life. It’s important that this commission look at all the issues that are affecting the wild populations.”

The inquiry began hearing testimony from people with standing on March 23, and depositions may continue until March 26th. The hearings are open to the public, and members of the public may make submissions this month. It is anticipated that a large part of the testimony presented during the inquiry will involve the issue of farmed salmon. Many people have linked the onset of salmon farming, which occured around 20 years ago in BC, to the apparently concurrent decline of wild salmon. Salmon farmers attribute the decline of pacific salmon to climate change, freshwater habitat destruction and overfishing. Earlier this month, the DFO issued an outlook for British Columbia’s 2010 salmon runs, including Sockeye salmon, and the forecast is not good.

The DFO has predicted most of BC’s salmon are in trouble, with only 29 stock groups out of 88 being okay. It is not known if that forecast took into account this winter’s low precipitation levels, which are expected to have a very strong negative impact on this year’s salmon run. Some people allege last year’s Sockeye collapse has created hunger for some First Nation communities who rely on the fish for food and income. Many BC First Nation communities have their access to salmon fisheries protected by treaty rights, where treaties have been successfully negotiated, but the collapse of the Sockeye fishery meant restrictions on catch were imposed.

Treaty negotiations between BC First Nations and the federal government that involve salmon have been put on hold pending the conclusion of the Cohen Commission. During the Vancouver 2010 Winter Olympics, several First Nation Chiefs fasted to draw attention to the impact of Norwegian salmon farms on wild salmon. Some First Nations people believe the Cohen Commission is a waste of time, pointing to four previous inquiries into dwindling salmon stocks in British Columbia over the past 20 year.

Some say an existing Pacific salmon conservation policy, drafted by the DFO in 2005, would protect salmon stocks — if only the federal government would fund allow the DFO to act on the policy. Others, however, are critical of the DFO, saying the government agency is not upholding already existing laws. One activist who has lobbied long and hard for a fair application of the legislation has been biologist Alexandra Morton. Dr. Morton called for the resignation of DFO’s Minister Gail Shea last year in an open letter. Morton concluded her letter saying  ”Minster Shea, you have failed us in your response to the collapse of earth’s largest sockeye salmon run and this is not all right with British Columbia.”

The biologist has been a staunch advocate on behalf of wild Pacific salmon for years, and has been one of several scientists who have linked sea lice from farmed salmon to the decline of wild salmon stocks. Morton has alleged that the DFO does not enforce the Fisheries Act when salmon farmers violate the Act. The province gathers information on the prevalence of sea lice and fish diseases from the aquaculture industry, but it has refused to release that information.

Earlier this month, the Office of the Information & Privacy Commissioner of BC ruled that the government of BC has no reason to withhold data collected from salmon farms about the prevalence of sea lice. Morton has planned a 500 km walk she calls the Get Out Migration, to ask for federal and provincial protection of wild salmon. Dr. Morton will be awarded an honorary Doctoral Degree in Science from Simon Fraser University this year.

*copied from www.digitaljournal.com

]]> http://www.temexw.org/blog/?feed=rss2&p=65 0