Assembly of First Nations National Chief Supports Kwicksutaineuk/Ah-Kwa-Mish First Nation in Asserting Rights

July 23, 2012
 
(Ottawa, ON) – Assembly of First Nations (AFN) National Chief Shawn A-in-chut Atleo today expressed support for Kwicksutaineuk/Ah-Kwa-Mish First Nation in continuing to assert their constitutionally protected Aboriginal rights to fish wild salmon for sustenance, food, social and ceremonial purposes.

“We commend Chief Robert Chamberlin and  the community of Kwicksutaineuk/Ah-Kwa-Mish First Nation for continuing to assert their rights by seeking declaratory, injunctive and compensatory relief for the continued decline of food, social and ceremonial fishery as a result of net-pen salmon farming in their territories,” said AFN National Chief Shawn Atleo.  

In May 2012 the British Court of Appeal ruled that a class proceeding was not designed for the protection of First Nation collective rights.  Kwicksutaineuk/Ah-Kwa-Mish First Nation will be appealing this decision by submitting an application to the Supreme Court of Canada to clarify the status of Aboriginal collectives in class proceedings.  

“This BC Court of Appeal decision proposes that an Aboriginal collective is not capable on its own of starting an action,” said National Chief Atleo.  “While First Nations can pursue claims of Aboriginal rights and title in the Courts, class actions provides an avenue whereby claims can be made on behalf of a number of First Nations, which would be far more expedient than requiring each and every First to file their own individual claim.”

Kwicksutaineuk/Ah-Kwa-Mish First Nation Chief Robert Chamberlin commenced a class action in February 2009, claiming that the Crown's regulation of salmon aquaculture is responsible for the decline of wild salmon stocks within the Broughton Archipelago and that the Crown’s conduct infringes First Nation fishing rights protected by s. 35 of the Constitution.

Kwicksutaineuk/Ah-Kwa-Mish First Nation applied for certification on behalf of all Aboriginal collectives who have or assert constitutionally protected Aboriginal rights to fish wild salmon for sustenance, food, social and ceremonial purposes within the Broughton Archipelago.

There are a number of Aboriginal collectives and groups affected by the decline in wild salmon. Despite years of attempting a negotiated remedy, no action has been undertaken by the government to address the decrease in the salmon population.

The Assembly of First Nations is the national organization representing First Nations citizens in Canada.  Follow AFN and National Chief Atleo on Twitter @AFN_Updates, @AFN_Comms and @NCAtleo.

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Contact information:

Alain Garon, AFN Bilingual Communications Officer 613-241-6789, ext 382 or cell: 613-292-0857 or e-mail agaron@afn.ca

Jenna Young, Assembly of First Nations Communications Officer 613-241-6789, ext 401 or cell: 613-314-8157 or e-mail jyoung@afn.ca