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11/3/2009
Aboriginal groups are celebrating a B.C. Supreme Court decision that asserts Vancouver Island's Nuu-Chal-Nulth indian band's right to a commercial fishery.
However the court dismissed a title claim to the fishing grounds, saying that issue should be settled separately.
Justice Nicole Garson is giving the band two years to negotiate fishing arrangements that accommodate other fishing interests.
Nuu-Chal-Nulth Tribal Council President Cliff Atleo says there is now a way forward after a 150 year old battle, "Non-native fishers have been very aware of this litigation. We work very closely with them, in fact they supported very much the establishment of a management mechanism to govern that westcoast fishery. So we're talking about establishing a working relationship not only with the Government of Canada but the commercial fishers as well."
Phil Eidsvic speaks for non-native fisherman as part of the B.C. Fisheries Survival Coalition.
He's hoping the federal government appeals.
"There is an argument there that Nuu-Chal-Nulth participation given their percentage of the population is already substantial. That's an issue that the judge would say we have to go back to court and look at that. But more than likely the government will provide some funds for Nuu-Chal-Nulth to increase their participation in the fishery," says Eidsvic
He adds he's happy to see the decision does not establish a race based fishery but a single one that both sides will take part in.
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