For further information: Stuart Gilby
(403) 266-0091
OTTAWA, Sept. 7 /CNW/ - 

Fisheries and Oceans Makes 
Legal Error at Burnt Church

 The undersigned lawyers, all with practical,
 extensive knowledge in the area of Aboriginal and Treaty rights, are of
 the opinion that the Department of Fisheries and Oceans has made a
 serious error of law in its interpretation of the Marshall decision.
 This error has been compounded by its overreaction to the situation
 at Burnt Church, New Brunswick.

 The Department of Fisheries and Oceans acts as if it has an absolute
 right to regulate the Treaty fishery in Atlantic Canada. It does not
 have that right. In fact the Department has a limited ability to
 regulate the Treaty fishery. In order for it to exercise that function
 it must meet specific criteria. Based on public statements issued by the
 Department, the Minister has failed to disclose sufficient information
 to meet the necessary criteria in the Burnt Church situation.

 In its clarification of the Marshall decision the Supreme Court of
 Canada said that the government must establish that the limitations on
 the Treaty right are imposed for a pressing and substantial public
 purpose. However, first there must be consultation with the
 Aboriginal People concerned. Limitations must go no further than is required.
 The concerns and proposals of Native communities must be taken into account.
 Different techniques of conservation and management may apply to an 
 Aboriginal Peoples' exercise of the Treaty right.

 The actions of the Department are contrary to the Marshall
 decision's requirements.

 Joanna Birenbaum; Suzanne Birks D Jur.; D. Bruce Clarke; Tracey
 Cutcliffe; David English; Olivier Fuldauer; Nigel G. Gilby; Stuart C.B.
 Gilby; Colin Gillespie; Ron S. Maurice; Candice S. Metallic; Martha 
 Montour; Guy Morin; James O'Reilly; Andrew Orkin; Sara Thibodeau; 
 Hélène "Sioui" Trudel; Bruce Wildsmith; Kenneth J. Winch; Eric Zscheile.

 09/07/2000