(B.C.) Native-only fishery ruled unconstitutional | Globe and Mail

[Ediacara]

Native-only fishery ruled unconstitutional


By TERRI THEODORE
Canadian Press

Vancouver — A provincial court judge has ruled the federal Fisheries Department's native-only commercial fishery contravenes the Charter of Rights.

Vancouver Judge William Kitchen granted a stay of proceedings against about 140 fishermen accused of illegal fishing, calling a pilot sales program for native fisherman illogical and discriminatory.

Judge Kitchen told a crowded courtroom the pilot sales program, which gives First Nations an exclusive commercial fishery, is equal to racial discrimination against commercial fisherman.

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[Bandit]

1. It is not the case here in America although Alaska is in conflict with the

Federal Government in this matter. Alaska Constitution says all are equal so natives get no more rights than whites. Federal Government says that is wrong and has taken away the fish & game enforcement on all federal lands in Alaska because of this. It is a huge issue in Alaska called Subsistence. Seems to me the federal constitution says the same thing but politics plays a bigger role than constitutional authority. Natives have considerably more rights than other Americans.

[Ediacara]

2. natives have a "duel citizenship" of sorts

They are American citizens, but also citizens of sovereign nations that the US government has treaties with. You're right in saying the federal constitution says that special fishing rights is BS, but the treaties (which were written when the populations of both natives and non-natives was virtually nothing) say another thing.

I think if push comes to shove, Indian sovereignty will probably be abolished as a form of discrimination, and the treaties will be nullified.