Ha-Shilth-Sa
Jan. 15, 2004
Ten Nuu-chah-nulth First Nations are proceeding with a lawsuit against
the Crown by filing their Statement of Claim in BC Supreme Court on Dec.
16, 2003. The lawsuit, which was commenced last June with a Writ of Summons,
claims aboriginal fishing rights in respect of the territories of the
ten First Nations. Through this litigation, the Ahousaht, Ditidaht, Ehattesaht,
Hesquiaht, Hupacasath, Mowachaht/Muchalaht, Nuchatlaht, Pacheedaht, Tla-o-qui-aht
and Tseshaht First Nations are seeking to have their rights to fish and
to sell fish recognized in order to sustain and develop their economies
in their communities.
"It is unfortunate that it has come to litigation," said Shawn Atleo, NTC Central Region Co-Chair. "Nuu-chah-nulth First Nations have been trying to negotiate a fair and responsible fisheries agreement at the Treaty table for over 8 years. Canada and BC are stuck on what they want to 'offer' Nuu-chah-nulth, with little understanding of the needs of our communities." Atleo continued "We have told Canada and BC in person and in writing that we are willing to negotiate, but they have suspended negotiations with Nuu-chah-nulth and are witholding funding from non-treaty related economic development projects to penalize Nuu-chah-nulth for taking this legal action."
The claims of the ten First Nations are based on aboriginal rights to fish and sell fish, and on aboriginal title to fishing territories and fishing sites throughout their territories. Since before the arrival of Europeans in North America, the Nuu-chah-nulth Nations have owned and used fishing territories and fishing sites throughout the West Coast of Vancouver Island. Some of these sites were set aside by the Crown as Indian reserves in the late 19th and early 20th centuries. The fishery has always been the foundation of Nuu-chah-nulth economies. Throughout their history, Nuu-chah-nulth people have fished and traded or sold fish to earn their livlihoods, sustain their communities and generate wealth.
However, as a result of the Crown's regulation of the Pacific fishery (particularly in the past several decades) and its failure to recognize the Nuu-chah-nulth peoples' aboriginal rights to fish and aboriginal title to fishing territories and fishing sites, Nuu-chah-nulth people have been forced out of the west coast fishery. Through this litigation, the ten First Nations are seeking to restore their communities to their rightful place as participants in the west coast fishery.
"Nuu-chah-nulth First Nations want to be able to earn a moderate livelihood from the sea resources that swim in front of our communities. Is that too much to ask for?" questioned Archie Little, NTC Co-Chair for the Northern Region Nuu-chah-nulth First Nations. "Canada put us on small reserves, and promised us that we would always be able to get food and earn a living from the sea, as we are salt water people. Now we have to go to court to make Canada live up to that promise."
David Dennis, NTC Co-Chair for the Southern Region Nuu-chah-nulth First Nations, commented on the litigation. "Nuu-chah-nulth Ha'wiih shouldn't have to put the issue of defining their Title and Rights to the courts. Our Ha'wiih own the sea resources. We know it. Canada knows it, otherwise they wouldn't even bother to negotiate treaties with us. The Crown has diminished our ability to exercise our rights. The opportunity for the governments to negotiate with us is diminishing. Nuu-chah-nulth will pursue all avenues, including negotiation, litigation and direct action, to have Nuu-chah-nulth Title and Rights recognized and regain access to our sea resources."
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