CHN wins injunction over herring fishery

  • Mar. 24, 2015 12:00 p.m.

By Rhonda Lee McIsaacHaida Gwaii ObserverThe Haida Nation was successful in stopping the Minister of Fisheries and Oceans from opening a herring fishery this year for Haida Gwaii. CHN received the injunction in a March 6 Federal Court ruling in Vancouver.”The court was receptive to our submissions and we were able to demonstrate a very real problem in the management of herring and the attitude of the Department of Fisheries and Oceans,” Peter Lantin, president of the CHN said. “We hope with this ruling DFO will start working with us to develop a sustainable fisheries” states Lantin in a news release on the granting of the injunction. The Department of Fisheries and Oceans will not be able to open a decade-long closure of commercial spawn on kelp and herring roe fisheries in the waters surrounding Haida Gwaii. The court found the DFO’s stock assessment numbers were calculated with insufficient certainty, which the CHN proved with their own research and on-the-water knowledge. Justice Michael Mason in his ruling stated, “There is a real and serious risk of irreparable harm if the Haida Gwaii area is reopened for roe herring fishery in 2015.” Justice Mason also noted that the federal government failed to meaningfully consult and negotiate with the Haida Nation about the fishery. “There is a heightened duty for DFO and the Minister to accommodate the Haida Nation in negotiating and determining the roe herring fishery in Haida Gwaii,” he said, “given the existing Gwaii Haanas Agreement, the unique Haida Gwaii marine conservation area, the ecological concerns and the duty to foster reconciliation with and protection of the constitutional rights of the Haida Nation.”Before a commercial herring fishery can be opened, Justice Mason ruled further steps must be taken to ensure the fishery’s sustainability, including a hearing of a judicial review application, the completion of a herring management framework, and the completion of an integrated Gwaii Haanas Management plan.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Two new bridges to be built along Highway 16 between Port Clements, Tlell

Ministry of Transportation says $5.4-million project expected to be complete in fall 2020

‘Now Is the Time’ doc will start streaming on National Indigenous Peoples Day

Film featuring Haida carver Robert Davidson will launch June 21 for free on NFB website

Haida Gwaii couple frustrated after Air Canada cancels flight, denies compensation

Mike Racz says another passenger received $1,000 while he was only offered e-coupon and promo code

Haida Gwaii teachers heading back to empty classrooms on June 1

SD50 working with CHN following May 21 request to keep school closed until state of emergency lifted

COVID-19 highlights lack of connectivity in First Nations communities

Many don’t have access required to utilize online platforms, says First Nations Technology Council

VIDEO: Green Coast offers free kayaking to Haida Gwaii residents

First “pop-up paddle” held Monday, May 25; free community paddles expected to continue weekly

Toronto Raptors’ Ujiri says conversations about racism can no longer be avoided

Thousands have protested Floyd’s death and repeated police killings of black men across the United States

‘I’m afraid’: Witnesses of wolf attack on senior near Prince Rupert worried about safety

Frank Russ shows where the unprovoked wolf attacked his father

Protesters prepare to rally against racism in front of Vancouver Art Gallery

Rally is in response to the deaths of black Americans and a Toronto woman

Introducing the West Coast Traveller: A voyage of the mind

Top armchair travel content for Alaska, Yukon, BC, Alberta, Washington, Oregon and California!

Protesters rally against anti-black, Indigenous racism in Toronto

Police estimated the crowd to be between 3,500 and 4,000 and said there was no violence

Feds earmark $1.5M to support recovery of B.C., Indigenous tourism

B.C. money will be split between Vancouver Island and Indigenous tourism

‘We’re sick of it’: Anger over police killings shatters U.S.

Tens of thousands marched to protest the death of George Floyd

Most Read