Mr. Speaker, I want to start by saying that I was born in Comox and it was my pleasure at the invitation of the member opposite to visit Courtenay—Alberni, go back to Vancouver Island, and meet with local, municipal, community, and indigenous leaders.
Indeed a renewed nation-to-nation relationship with indigenous peoples based on recognition of rights, respect, co-operation, and partnership is a top priority for our government.
The federal government is supportive of the rights of the five Nuu-Chah-Nulth first nations and remains committed to the consultation and negotiation process and accommodating and implementing the rights of first nations.
In its decision dated November 3, 2009, as the member opposite referred to, the Supreme Court of British Columbia found that the five Nuu-Chah-Nulth bands on the west coast of Vancouver Island have an aboriginal right to fish for any species of fish within their fishing territory, which extends offshore nine miles, and to sell that fish.
On appeal, the Court of Appeal for British Columbia excluded geoduck from the scope of this aboriginal right. The decision also found that the first nations have a right to fish using their preferred means, which the courts characterized as community-based, localized fisheries involving wide community participation and using small low-cost boats.
Consultations and negotiations with the five first nations have been ongoing since 2010. Following the establishment of the right, the parties set up a substantive consultation and negotiation process that was modelled on treaty negotiations with a main table for negotiations and a joint working group for technical discussions to work with the first nations to address outstanding fisheries issues.
The matters that are the subject of negotiations are inherently complex. One of the significant challenges of these ongoing negotiations is that there is a different view on the scope of the right, which was described by the court as a right to sell fish into the commercial marketplace but not on an industrial scale.
Since 2010, significant fishing access has been provided to the first nations. For example, in 2007, first nations had 23 commercial licences and they now have access to over 126 licences and additional quota.
In 2015, to help guide the discussions, an evaluation framework was developed to continue implementation of the court's decision and enable DFO and the first nations to further test and evaluate the accommodation of preferred-means fishing through local small-boat fishery approaches for chinook salmon and other species of interest to the first nations.
At the request of the five Nuu-Chah-Nulth first nations, a new negotiating process was launched in March 2017. The five first nations and federal officials have completed a framework agreement in order to initiate and guide the negotiation of a reconciliation agreement. These reconciliation negotiations are without prejudice and are intended to assist the parties in more freely presenting their interests and exploring potential solutions.
The recently established process will help develop a common understanding of our respective views and is assisting us in finding mutually agreeable resolutions to outstanding issues.
This government is committed to working with the first nations through the current consultation and negotiation processes to accommodate and implement the rights of the five Nuu-Chah-Nulth first nations.