Natives Win 2, Lose 1 in Aboriginal Rights Appeals
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h 11( o 1 ,% i IF 1. d Et' ;1 rV9` ,1. 1 i y11. ¿ r r. r rl i /1^r'.7,.! rj..grñj(i[l il órl.! 3lo ' / A ig1 1--N-)..2' Nt=- s a o \J r.4.. + w ., it a VOL. 16 NO. 5 JULY 20, 1989 POSTAGE PAID IN PORT ALBERNI Natives win 2, lose 1 in Aboriginal Rights Appeals Two recent decisions defendants had entered Band following the ap- salmon in the Somass involved charges of the sports fishery." on appeals in the a defense based on peals said that the River, on a limited fishing without a license The other recent County Court of Van- aboriginal rights. "recent court decisions basis, until the end of and fishing with a net in county court decision In . couver Island have the fisheries cases affirm aboriginal fishing the run. We believe that a prohibited area involved two Sheshaht overturned the convic- the defendants were rights." in doing so, we are ac- against myself and a fel- band members who tions of four native charged with fishing "Recent appeal court ting in accord with these low band councillor in were originally convic- fishermen from the without the authority of decisions show that the recent court decisions. August, 1987. We were ted of fishing without the Sheshaht Band in Port a licence or a permit. federal Department of Our aboriginal rights in- acquitted of these char- authority of a permit. In Alberni. They involved two Fisheries and Oceans clude the right (and the ges, on appeal, be- this case, the judge In a third appeal, separate incidents in must do a much better responsibility) to protect cause (and these are ruled that `.. the trial Honorable Judge which Richard Watts job of managing our the spawning stock, and the judges words): 'The judge erred when he Hutchinson ruled in and William Sam were fisheries resources and the right to sustain our Department of Fisheries said he was satisfied favor of the Provincial charged and Rudy giving priority to our communities based on made decisions that the allotment was ample Crown, who had ap- Watts and Norman constitutionally -protec- the harvesting of were contrary to the for their (our) food pealed the earlier deci- Watts were charged. ted aboriginal fishing seafoods." proper conservation and needs,' and that 'the sion of Honorable Both times the fishing rights," according to "A Vancouver Island management of the system of settling on a Judge Sarich in dismiss- took place at the mouth Richard Watts, council- County Court judge chinook run... Instead figure for an allocation ing a wildlife charge of the Somass River in lor and fisheries recently handed down of recognizing the pro- was arbitrary on the part against Thomas Harry a traditional Sheshaht spokesman for the two decisions in ap- cedure that was con- of the Department of Dick of the Mowachaht fishing area. Sheshaht Indian Band. peals of fishing cases stitutionally protected of Fisheries.' Band. A press release is- "We intend to contin- based on our aboriginal the appellants right to In all three cases the sued by the Sheshaht ue to fish for sockeye fishing rights. One case fish, priorty was given to Continued -page 1989 Nuu- chah -nulth Princesses Crowned - Madeline English & Mamie Lucas The seventh annual Naomi Seitcher, r Nuu- chah -nulth Prin- representing the Tla -o- 'Q " cess Pageant was held qui-aht First Nation. at the Tidemark Theatre Marie Dick, represent- in Campbell River on ing the Mowachaht the evening of July Tribe was the second 22nd. runner -up. L Six young ladies en- The first runner -up in tered the pageant, seek- the senior pageant was ing the titles of Junior Denise Williams, and Senior Miss Nuu - representing the Tla -o- chah- nulth. qui-aht First Nation and This year's Miss the second runner -up Junior Nuu -chah -nulth was Caroline Frank, is Madeline English, representing Ahousat. who represented the Caroline was also Mowachaht Tribe. chosen "Miss Con- Crowned Miss Nuu- geniality" by her fellow chah-nulth, at the senior contestants. pageant, was Mamie Lucas, representing the Hesquiat Tribe. The first runner-up in page 4 the junior pageant was POSTAGE PAID IN PORT ALBERNI, B.C. RETURN POSTAGE GUARANTEED Second Class Mail Reg. No. 3381 If undeliverable please return to Ha- Shllth -Sa, P.O. Box 1383, Port Alberni, B.C., V9Y 7M2 Madeline English, 1989 Junior Princess Pageant. Mamie Lucas, 1989 Senior Nuu- chah -nulth Princess. 2 Ha- SMIth -Se, July 20, 1989 Be'5bilro-Ba,311ly 20, 1989 3 KLECO - THANK YOU! Employment Opportunities Ha-Shilth-Sa appears to be saying in The Staff, Board and Members of the Pon ABORIGINAL RIGHTS APPEALS ,FROM PAGE 1 his decision that any 8th Annual Published by the RuuChah -nutth Tribal. Alberni Friendship Center would like to thank with External Affairs regulation to manage a COunol for distribution to members of the 14 everyone who either donated, sponsored or- resource or conserve it Nuu -chah -nuth tribes and to other interested The Department of reverse discrimination Nuu- chah -nulth Games /and volunteered their time to the "Fathers °These two dedsions enter into negotiations found not guilty of the is justified and that such group and individuals. Information and External Altars is against non -Aboriginal Day Buffer fundraiser on June 18, 1989. It send a clear messageg based on our aboriginal charge as the trial judge conservation methods original work contained in this newspaper Canada's voice abroad. Canadians. The The 8th Annual Nuu- 'tribes of the Council was greatly appreciated by eremite. Kleca - to the Department of title to fisheries recognized his do not have to recap. - may not be reproduced without written per- Thankyou to the following: Little It speaks for all Department wishes to chah -nuhh Indian Ehahesaht, Kyuquot, Sponsors: Fisheries and Oceans resources.tere and a will - aboriginal right to hunt nine the priority of the mission from the Nuu -chah -nutth Tribal. including provide equal occupa- Games get underway Mowachaht. and Villa, One 'n Only, Stork, C. Boerne, Safeway, Canadians. that they a constitu- gness to share these in his traditional hunting Indians. Council, P.O. Box 1383, Pon Alberni, B.C., Randys BLOw, IGA Foods, Hertel Meats. Aboriginal peoples In tional and promotional on July 29th at Nuchatlaht. See page 16 tonally required to give resources to the extent area. "While the need to V9Y 7M2. Phone 724-5757. Fax 723 -0463. order to improve its opportunities for all Campbell River, where for the complete Schaal Hardware, K. Mart, Naesgaards, Sal- real priority to our that We retain the right In the appeal conserve a resources Printed in the offices of the Alberni Valley ability to fully represent Canadians. The in- they will continue until schedule of events. vation Army, Tyee Tools. Carol Cotes, Mary fisheries. This has not Unsustain our cam- Honorable Judge of course paramount, gust Times. Editor: Bob Soderlund. Subscriptions: al Canadians, the itiatives involve new August Also in conjunction & Blair Thompson, Hugh Watts, Angela happened since the itemonies as we always Hutchinson ruled that the method of conserv- $10 annually. is stepping recruiting In strategies games are shah- with the games is the Cathryn, Danny Watts, Wendy Jensen, Department beginning of this fishing have based on °although the aboriginal ing that resource cannot The up its efforts to attract geared towards making the ouncil a annual Nuu cnameuen Sharon Marshall, Ansley Watts, Al Little, eason the depart- fisheries resources. right to hunt ek exists in recognize the rights of noted nulls TribalTrbyibal Council and Princess Pageant, Sharon Van Vinson. Deb Foxcroft. Gerry Wes. more under- represented the foreign service more ment has again allowed "The recent County favor of the respondent, sports hunters over the ley, Bev Campbell, Jennifer Haste. groups to its foreign attractive to and popular will be hosted this year which was held on Fri., Cindy a sockeye sport fishery Court decisions are just yet that right is in proper rights of Indians. I This involves all by the lour northern July 21. LETTERS Wished, Gerard Janssen, MLA Bob Skelly, service. with Aboriginal limited by a in Barkley Sound andnd two examples of many cases believeci uthat was pin- the various job MP Irma Bos, Wally 8 Donna Samuel, Ben Canadians. Alberni Inlet when their recent court cases reasonable regulations dpal upheld by His The Ha- Shllth -Sa will return address or legions and So, whether at home Mack, LEWV Baird, Linus Lucas, Darrel Ross, . own Information showed which have affirmed to ensure the conserve Honor uJudge Hutchin- print letters from Its phone number to of the foreign or Depart- Arlene Paal, George Watts, Si Lucas, Bill operations abroad, the that there were probably and supported lion of the resource" son in the case of (Jeff) POTLATCH readers.. We reserve verify authorship. No including pole' Affairs green, Richard Watts, Gord Spence, Eric service, mart of External not enough sockeye aboriginal fishing rights and 'the inescapable Regina vs. William the right to edit for unsigned letters will Debris cal relations, interne- ensures that all aspects Greer, Hugh Braker, Seitcher, Kathy returning to local throughout B.C. conclusion is that the Sam and Richard (Gideon Smith) brevity and taste and be printed however If trade and invest - and its Frankow, Cindy Lucas, Denny Grisdale and tonal of Canada streams for spawning We believe that the regulations apply to the Walls." to correct grammatical you wish to remain' ment. tourism, com- people, including its Bob Stevenson. requirements, our re- is ripe to negotiate respondent despite his - time To all the Nuu- chah -nuhh people.