Fish-WIKS News

Tla-o-qui-aht fishers are preparing for the 2016 fishing season on the west coast of Vancouver Island. This year the T’aaq-wiihak fisheries, the fisheries being piloted as part of the implementation of the 2009 Ahousaht et al. court decision that affirmed the rights of five Nuu-chah-nulth Nations to fish and sell fish, will be targeting suuhaa (chinook salmon) and ca?inwa (gooseneck barnacles). The five Nations, including Tla-o-qui-aht, are in negotiations with the Government of Canada to implement fisheries for other species, like puu?i (halibut) and Tuskuuh (lingcod) in accordance with their court proven rights. Tla-o-qui-aht is planning a fisheries forum in Tofino – part of Tla-o-qui-aht territory – for April 2016 for the 5 Nations to come together and develop the plan for the 2016 fishing season.

(Tla-o-gui-aht fisher Bert Bown with a suuhaa (chinook salmon). Photo: Melody Charlie)

The “justification” portion of the Ahousaht et al. litigation is still underway. The 2009 court decision affirmed the rights of the five Nations to fish and sell all species (excluding geoduck) found within their traditional territories. The original judgment gave the parties 2.5 years to negotiate the implementation of the right. Almost six years later, the Nations are still not realizing fisheries in accordance with their proven aboriginal rights. As a result, the Nations re-engaged in litigation in what is being referred to as the “justification” portion of the case. In this phase of the litigation, Canada has the burden to “justify” the lack of implementation of the Nations’ fishing plans. This portion of the trial commenced in March of 2015. In February of 2016, oral testimonies from both sides (Government of Canada and for the Nations) concluded. Closing arguments and written arguments still need to occur and are anticipated for later this year.

The Nations have developed a short video to increase awareness of their aboriginal rights, and the struggle they have faced to have the rights recognized and implemented. The video will be available soon, and a link will be shared in a future update.

Saul Milne, Fish-WIKS PhD candidate, submitted his research protocol to the community for review and approval and his ethics submission to the University of Victoria for approval.  Saul plans to be in the community of Tla-o-qui-aht over the summer of 2016 to continue his work with the Nation.