Madam Speaker, tonight I stand with the Nuu-chah-nulth people to call on the Government of Canada to honour its commitment to reconciliation with first nations and to uphold the Supreme Court of Canada's decision.
It has been seven years since the Supreme Court of Canada reaffirmed the Nuu-chah-nulth aboriginal right to catch and sell fish. Even after a Supreme Court of Canada justice had mandated that the government deal fairly and negotiate with the Nuu-chah-nulth Nations on their fishing rights, they still remain without a negotiated agreement, or a reasonable offer from the federal government, to exercise their proven, established, and constitutionally protected rights.
Instead of being on the water fishing, where they belong, the Nuu-chah-nulth are still in court arguing with federal government lawyers, which sounds familiar, who continue to try to minimize their aboriginal fishing rights.
Just last June, in fact, we felt hopeful about meaningful progress when the Minister of Fisheries, Oceans and the Canadian Coast Guard met with the Nuu-chah-nulth chiefs here in Ottawa. Still nothing has changed, and the conflict continues.
At last September's meeting with the Department of Fisheries and Oceans, it was made clear by DFO officials that their department had no mandate to implement the Nuu-chah-nulth Nations rights-based fishery.
That is when the Ha'wiih, the hereditary chiefs, dismissed the DFO regional director from their meeting and asked her not to return until Canada develops a meaningful mandate to implement their rights-based fishery.
In an unprecedented move, the Nuu-chah-nulth Ha'wiih, the hereditary chiefs, also told the Prime Minister that he is no longer welcome on their land until this conflict is resolved.
For thousands of years, salmon has been the main food source and sustenance of the Nuu-chah-nulth people. The Nuu-chah-nulth just want to find their rightful place in a new respectful and trusting relationship with Canada.
Here we have an economic development opportunity that supports self-determination, and finally we have a government that says it is onside and supports indigenous people with action, but instead, this government, like the Harper government, refuses to let them move forward. Indigenous people have repeatedly said, enough already.
As we know, the crown has a constitutional duty to consult and accommodate indigenous people before taking action that may affect claimed or proven aboriginal and treaty rights. This is a recognized legal requirement, pursuant to section 35 of the Constitution. The Supreme Court tells us that the underlying purpose of the duty to consult and accommodate is to advance reconciliation in the relationship between indigenous people and the crown. This duty to consult and accommodate is in line with the Prime Minister's mandate letter to the Minister of Justice. It seems that all the pieces are in place to move forward with a fair negotiation of Nuu-chah-nulth fishing rights.
Why is the government stalling? Why is Canada's relationship with the Nuu-chah-nulth Nations not moving toward reconciliation? The Nuu-chah-nulth deserve to have answers to these questions, and every time I ask these questions, I do not get the answers. The government lawyers continue to argue in court that Nuu-chah-nulth fishing rights should be minimized. The ministers say one thing and do another.
I have lived in the Nuu-chah-nulth territories for more than two decades, and I have come to know the Nuu-chah-nulth people to be respectful, kind, patient, and more than fair, so I am hoping the government will consider showing that respect back.
The Department of Fisheries and Oceans must be given a clear mandate to negotiate fairly. I ask the minister opposite to please explain the government's next action steps to resolve this conflict so the Nuu-chah-nulth can find their rightful place in this new relationship with Canada.