Mr. Speaker, for thousands of years, salmon has been the foundation and main food source of the Nuu-chah-nulth first nations. Over the last eight years, their basic right to catch and sell fish on their traditional territory has been upheld by the B.C. Supreme Court and the Supreme Court of Canada. After promising not to fight first nations in court, the Liberal government is still refusing to honour this right.
I just want to run down the timelines so that it is on the record here in the House.
On November 3, 2009, Justice Garson, of the B.C. Supreme Court, ruled that the Nuu-chah-nulth first nations have an aboriginal right to harvest and sell all species of fish found within their territories. Justice Garson ordered Canada to negotiate with the nations on how to accommodate their right within its management of the fisheries.
In July 2010, the nations developed community-based fishing plants for a rights-based fishery.
In August 2010, DFO rejected the nations' proposals.
On May 18, 2011, the B.C. Court of Appeal unanimously affirmed the right of the five Nuu-chah-nulth nations to harvest and sell any species of fish on their territories, with the exception of geoduck clams.
In August 2011, Canada applied to the Supreme Court of Canada for permission to appeal the decision of the B.C. Court of Appeal.
In March 2012, the Supreme Court of Canada did not grant Canada's application for leave to appeal but sent the case back to the B.C. Court of Appeal for re-examination, in light of the recent court ruling of the Lax Kw'alaams Indian Band v. Canada.
Later, in July 2013, the B.C. Court of Appeal unanimously affirmed that the nations have aboriginal rights to harvest and sell all species of fish, except geoduck clams.
In September 2013, Canada asked for leave to appeal the 2009 decision to the Supreme Court of Canada.
In January 2014, the Supreme Court of Canada denied the application, meaning that the declaration of aboriginal rights is final and the nations' rights are protected under section 35 of Canada's Constitution.
On March 9, 2015, the Nuu-chah-nulth first nations returned to court for a justification trial, at which time Canada attempted to justify why the Nuu-chah-nulth nations were not previously or historically given the right to harvest and sell all species of fish in their territories. Canada provided evidence first, and Nuu-chah-nulth witnesses gave their evidence after.
On October 28, 2016, the justification trial ended after 144 days. Here we are in December 2017, and the nations are awaiting the trial decision.
Throughout this whole period, the Nuu-chah-nulth first nations have demonstrated patience. They want to be fishing. They do not want to be in court.
I am going to quote from a media release from today, and it is from the T'aaq-wiihak fisheries. It refers to fishing with the permission of the Ha’wiih, the hereditary chiefs. The news release is about their frustration with inaction by the government. It is from the lead negotiator for the Ahousaht nation Cliff Atleo. He said:
Our fishers have been waiting since 2009 to fish and sell all species in our territories, which the courts, all the way to the Supreme Court, confirmed is our right. This government has been in power for two years now, and we have yet to see any real evidence of the “new relationship” promised by [the Prime Minister].
The Liberals talk a lot about reconciliation with first nations. Well, it is time to prove it. The government says its most important relationship is with Canada's indigenous peoples. Why is it fighting them in court?