The implications for aboriginal groups in Newfoundland and Labrador regarding changes to access/allocation provisions contained in the proposed federal fisheries act
As Caddy noted, "access to and allocation of fish resources remains one of the most
difficult and controversial aspects of fisheries management in Canada and abroad"
(Dooley, 2004). It is generally agreed that access and allocation issues associated with
harvesting rights remains a divisive and contentious issues for participants in the
province's fishing industry. This is particularly true for Aboriginal groups in the
province who have been challenged to capitalize on economic development opportunities
associated with the fishery.
The Department of Fisheries and Oceans (DFO) has the challenging responsibility of
responding to the demands of a range of provincial and territorial jurisdictions while at
the same time considering the access/allocation needs of Aboriginal groups throughout
the country. Various mechanisms have been introduced over the past decade to assist
DFO with these access decisions. The Independent Panel on Access Criteria (IP AC)
introduced in 2001 was one of these initiatives. IP AC was tasked with finding a solution
to the decision making process involving access and the associated ranking or weighting,
and defining access criteria. !PAC was successful in identifying various access principles
and criteria but it did not fully address some of the outstanding problems related to
access. It is important to note that the IP AC suggested that the issue of Aboriginal
participation and access to the fishery required special consideration in the Panel's
deliberations, due to the constitutional position of Aboriginal peoples.
The Aboriginal Fisheries Strategy (AFS) was the other initiative designed to respond to
the needs of the Aboriginal people in the country. Introduced in 1992, the AFS was
intended to help DFO manage the fishery in a manner consistent with the Sparrow
decision. It was intended to serve as a bridging arrangement in fisheries management
during the negotiation of comprehensive land claims and self-government agreements. It
applies where DFO manages the fishery and where land claim settlements have not
already put in place a fisheries management framework.
This paper attempts to illustrate how various Aboriginal groups have been marginalized
over decades as it relates to the fishery and presents a series of court decisions to
illustrate this point. The paper also offers a comparison of the access and allocation
criteria associated with the proposed Federal Fisheries Act and those currently in place
under the AFS. A significant part of the paper addresses the historical perspective of how
Aboriginal groups have been treated by the Federal Government, the Courts, and by
society in general. These historical references are essential to fully appreciate the plight
of the Aboriginal people and their frustrations in experiencing their rightful place in the
country and their right to achieve a reasonable livelihood from the fishery.
The paper will also highlight some of the experiences of other Aboriginal peoples in
other parts of Canada, in order to provide a clearer picture of how Aboriginal rights have
evolved in Canada
