The Douglas Treaty Fishing Rights

The Kwakiutl Nation was one of the Nations on Vancouver Island who concluded a Douglas Treaty with the crown before confederation.

Our People understood that by the Treaty the Kwakiutl people gave the crown permission to mine coal. The crown promised to protect our fishery.

The term of the Treaty, which addressed our fishing rights, is contained in this promise”….it is also understood that we are at liberty….to carry out our fisheries as formally.

Based on evidence of our people’s use of the fishery in 1852, and the law, we understood Our Treaty Right to conclude:

The right to fish at locations where our people fished at the time of the Treaty:

The right to fish for the purposes our people fished at the time of treaty including livelihood purpose:

The right to fish the species of fish our people relied at the time of treaty:

The right to fish in accordance with the laws and practices and for co-management with DFO to exercise this jurisdiction:

The right to exclude others from harvesting from out stationary fisheries to extent that such harvesting interferes with our rights at those locations:

Because Out Treaty right to fish has been entrenched in section 35 court has accepted that the following principles apply in the interpretation of our rights:

The right is not frozen, and it can evolve over time. This would permit such developments as fishing with modern method

The Crown’s fiduciary duty requires that the right be given priority.

The government must demonstrate the process by which it allocated the resources and the actual allocation of the resource, which results from that process, reflects the prior interests of the holders of the right.

 This means the prior rights to both stationary and migratory must be established and protected before non-aboriginals users are assigned as allocation.

Over a Century and a half after Douglas Treaty has been concluded Canada has, still NOT implemented our fishing rights.

Hardy Bay, and Beaver Harbour, which was unquestionably the heartland of Our Fishery. Is today so polluted no fishing can accure there at all?

 Our People have gradually been displaced from the commercial fishery and the fish have been steadily depleting under DFO’s mismanagement.

Coming Events

April 24, 2009 COHO Fry Release Ceremony and activities.

I hope everyone has a great week!

Any questions or concerns please do not hesitate to call me @ 250 949 6012 ext 237