OTTAWA, Sept. 7 /2000
CNW -
Stuart Gilby 

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
Helene "Sioui" Trudel Bruce Wildsmith 
Kenneth J. Winch Eric Zscheile.

-30- 09/07/2000

For further information: Stuart Gilby at (403)266-0091