Cold Lake defies fish ban

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COLD LAKE - The whole issue of Treaty rights is at the forefront once again as the Cold Lake First Nations takes issue with provincial authorities over the right to fish.

Last week, things came to a head as the Cold Lake Band and others united in the common cause to protect what they call an "inviolable" and "non-negotiable" right.

"We intend to follow the spirit and letter of the Treaties," said Cold Lake Band Councillor Allen Jacob, who was the official spokesperson for the group.

In an effort to maintain their Treaty rights, band members gathered at English Bay on Cold Lake to assert their right to fish whenever their needs dictate.

The gathering was sparked as a direct consequence of a recently imposed fishing ban which closed all manner of fishing to all people including Indians. The ban effects the waters of Cold Lake.

On the morning of April 4, Alberta Fish and Wildlife officials seized a net belonging to Marcel Piche, a cold Lake band member and former chief.

Piche informed "Windspeaker" that "they (fish and wildlife officers) pulled my net on April 4 and served me with a summons on the 10th, yesterday." The summons, dated April 10, commands Piche to appear in provincial court at 10 am. on May 14 at Grande Centre and charges that Piche "did unlawfully contravene section 59 (k) to wit, fishing in waters set apart for propagation."

Piche added that Alphonse Janvier and Alphonse Amable "had nets confiscated on the 10th but, so far, have not been charged.

On April 11, the Cold Lake First Nations held a council meeting to discuss the matter. Also attending were the chiefs from Beaver Lake, Heart Lake, and Kehewin Reserves. It was decided that Cold Lake First Nations would take a stand to protect their fishing rights as provided for in Treaty 6. In a statement of written support signed by Chief Peter Francis of the Heart Lake Band, they vowed to "fully support the actions taken by the people of Cold Lake and other Treaty 6 Chiefs to support our right to gather food for our livelihood." Francis brought along 15 others of his band to reinforce that support.

It was decided at the meeting that the issue is not purely a Cold Lake matter, but one which affects all Treaty 6 Indians.

On the afternoon of April 11, 35 to 40 Indians drove to English Bay and set two fish nets. When two fish and wildlife officers from Cold Lake arrived shortly after 5 p.m., they informed the Indians that the law had been broken. This allegation was refuted by several of the Indians present, who claimed that no law had been breached because fishing is a right guaranteed through the Treaty.

Band members were cautioned not to resist, physically, any attempt by the authorities to pull the nets but were free to voice their objection and encouraged to do so, because if they did not, it would be akin to admitting that the officers were within their rights to remove the nets.

Earlier, at the council meeting, a "compromise" had been attempted by Ray Makowecki, the regional director of Alberta Fish and Wildlife. In a telephone conversation with the Cold Lake first Nations he had proposed two possible solutions: "we could...give you some other lake in the area" or you "could indicate your needs and we'll try to get that (fish for you.) Neither of the proposals were acceptable to the band. As the talks with wildlife officers at the lake continued, Jacob assured them that the people "would not resort to any violence, they would not harm any of them."

With a chilly wind whipping across the open lake at a brisk pace, the officers began to march over the lake to where the nets had been set under the ice. The Indian delegation followed, accompanying them to the fish holes which had wooden stakes bearing the inscription "#310, cold Lake First Nations."

When asked about the stakes, Jacob said that they were his, but pointed out that the nets belonged to the Band. "If you charge anyone," said Jacob, "it'll will have to be the Band, the Chief and ouncil, because they are the ones who represent the band."

From the discussion which followed, it was evident that the officers were uncertain as to what authority they actually did or did not have in the matter. Their indecision was apparent as was the unfamiliarity with the provisions of the Treaty. However they felt obliged to uphold what Ron Mikolas, the district officer for wildlife, referred to as the Alberta Fish Propagation Order.

Mikolas told "Windspeaker" that the order was a law to protect certain species of fish from being "fished out." The closure of the lake and the ban on fishing, he said, "is to protect the walleye and trout."

Band members countered this concern by arguing that they were not fishing for walleye or trout, but for whitefish. They claimed to know where and at what time of the year, the fish are to be found. A good indication of this was the fact that all the fish netted that day and the day before were whitefish. Not a single fish of any other species had been caught. The morning net had provided nine and the evening one had 21. All were whites.

More important to the Indian was not the question of what kinds of fish were caught, but their right to fish, period, whenever and wherever they wished.

One of the most outspoken and forward members was 56 year old Hazel Jacko. The annoyance of the confrontation was most visible on her face and in her voice as she is one who relies heavily on fishing as part of her livelihood and to feed her children and grandchildren.

Jacko did not hesitate to voice her defiance and challenged the authority of the officers to seize the nets. She was adamant in expressing her displeasure with their attempts to confiscate the nets.

Cyril Muskego, likewise, is very dependent on fishing. He has 15 mouths to feed. "I fished all my life," he said, "It's my livelihood."

At approximately 5:45 p.m. Mikolas wrote out a summons which he handed to Allen Jacob. The summons charges the Cold Lake Band with "unlawfull contravening section 59 (k)" of the Fisheries Act as had been the case with Piche the previous day. When questioned by "Windspeaker," Mikolas admitted that he was certain "the Band will contest the charge."

Jacob was pleased with the outcome. As he had stated earlier, "we hope they charge us. We'll go right to the Supreme Court if we have to and make a test case of it." Shortly after filling out the summons, Mikolas and a fellow officer went out on the lake again. When he approached one of the fish holes, we was faced by several band members. He asked them if he could pull the net out. The response was a resounding "no!" Jacob ordered them, "don't you touch that net." Obligingly, the officers turned around, headed back to their vehicle, and left the area.

Then the wait. This proved a trying time for many. Braving the chilly evening wind and wondering whether the officers would return in force or whether they would bring in the RCMP was bothersome.

The campfire provided some degree of warmth and comfort. Hot tea and coffee were brewed. Some fish were fried over open flames and the people talked among themselves, often laughing off what they felt to be a violation of their rights.

A few Chipewyan jokes flew about and provided some needed light-hearted humour: "What do you get when you cross a chip with a missionary?" asked one person. "A Chip-monk" was the reply.

The vigil continued on into the night but no officers appeared. Determined, the small group which was down to about a dozen, were firm in holding out and staying the night. There was a promise of others to replace them later on. The main concern was that if nobody were on standby, the officer smight sneak back to remove the neats.

The chatter continued around the campfire. Some wondered whether the Treaty rights of the youth and of future generations would be preserved intact. Back and forth, the topics and the moods of the people changed like the wind. At one point they felt "exhilaration" - at othertimes they felt "down." And so it went.

Jacko tried to provide words of encouragement by reminding others that "subsistence through fishing is a Treaty right that needs to be protected and, if necessary, fought for by the (Indian) people."

One fear that looms large and heavy with the Indians is that the charges may be withdrawn and the matter of Treaty right would not be addressed and qualified. It is for this specific reason that Cold Lake Indians and others within the domain of Treaty 6 want this case to proceed in the courts of law. Nothing would please them more than to prove their point. If the charges do not go before the courts, it is felt that all their efforts will have been in vain.

The issue of fishing is only a small part of the overall problem, said Jacob. ":It involves all Treaty rights and this is simply one of many attempts to erode those rights," he said.

Chief Gordon Gadwa of the Kehewin Reserve reportedly has promised to send some people to join those at Cold Lake in setting nets.

Lawyer Sharon Venne informed "Windspeaker" that additional support is coming from other Treaty 6 Bands: "Alexis, Samson, Frog Lake, Goodfish and Saddle Lake are also throwing their support behind the Cold Lake situation," she said.

Venne was questioned about a telex that was sent on April 9 to Indian Affairs Minister David Crombie and Premier Getty from the Treaty 6 Tribal Chiefs Association.

Crombie has been asked to intervene with federal fisheries to put a moratorium on the closures. Getty has been asked "to put a stop to the harassment, threats, interference, and charging of Indian people involving in the activity of food gathering."

Asked if either one had responded yet (on April 14, five days later), Venne said "no." Some further prying brought a reaction that "they've got a hot potato on their hands and don't know what to do with it. They're probably hoping it will blow over." However, the Cold Lake First Nations and other Treaty 6 bands have no intention