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This treaty is no more?

Author

Windspeaker Staff

Volume

18

Issue

12

Year

2001

Page 4

We thought, we really, really thought, we could no longer be shocked by the often times farcical nature of the federal government's actions in Indian Country. But that was before we talked to some people involved in the on-going talks about long-term First Nation fishing deals in Atlantic Canada.

Picture this: a scene right out of that silliest of all silly movies, Monty Python and the Holy Grail. Department of Fisheries and Oceans Minister Herb Dhaliwal arrives in the Maritimes to announce he's searching for that holiest of holy grails, a fishing treaty with the First Nations affected by the Marshall decision. Chief Lawrence Paul responds in a pseudo-French accent: "Tell him we've already got one."

Our point, dear reader, is that Minister Dhaliwal is missing a very, very, very elementary point. The Atlantic First Nations people have a treaty right to fish! And it's a treaty right that comes, not from the Minister of Fisheries and Oceans, but from a) the Supreme Court of Canada, and b) the Constitution of Canada, and most important, c) from their treaty.

Now, for those of you in Ottawa having a hard time following this, let's recap. Where do treaty rights come from? Say it with us. . . from treaties! Very good!

And the Atlantic Indigenous peoples have had this treaty since 1760. When was Canada born? That's right, 1867. And 1760 comes before 1867, doesn't it? So do those above-mentioned Indigenous peoples get their right to fish from Canada? No. So where in God's green Earth does Mr. Dhaliwal get the idea they need his permission to fish?

That's a legitimate question and a very important one. And a very serious question, too, because if the minister can't come up with an answer soon, then we're faced with the possibility of 34 Burnt Churches this year and that's not silly or funny at all. In all likelihood, it will be quite tragic because it's only through sheer luck that nobody was killed on the waters of the Miramichi last year.

Oh and by the way, how is the investigation into the actions of the DFO officers who ran over top of that Burnt Church fishing boat coming? Can we expect anything soon? At least Rodney King got a trial.

Once again we'll say that the Atlantic chiefs are being far more reasonable than anyone has any right to expect them to be. They're prepared to make deals that will ensure peace and stability on the waters and all they're asking is that Ottawa show some respect for their treaty.

Why is that too much to ask?