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Press Release: May 31,
1990 The band has supported Mr. Sparrow’s
case through the entire court system since its commencement in 1984. We feel that the decision confirms our
belief and stated position over countless years that our aboriginal right
to fish, hunt, possess lands etc. have never been surrendered or extinguished. We see this decision as protecting our
aboriginal right to fish in our traditional territory. As we read the case s. 35 of the Constitution
embodies a trust like responsibility toward aboriginal people in Canada. If the Government of Canada wishes to regulate
aboriginal fishing rights it can only do so in a way, which does not offend
our aboriginal rights. With today’s decision we hope that
both the Federal and Provincial Governments will have a better understanding
of our Constitutional Rights and will adhere closely to them. The Musqueam Indian Band has not wanted
to take this and other cases such as the Guerin case through the court
system but has been forced to because of the attitudes of the governments
toward us. Today’s decision, however, reinforces our faith in the
court system. Even though the Musqueam Indian Band has
won a major court victory today, it wants the public to know that it intends
to use the fisheries resource responsibly and does not intend to treat
government officials in the same way that these officials have treated
the band over the past several years. As the Supreme Court stated “…
for the Musqueam, the salmon fishery has always constituted an integral
part of their distinctive culture … the right to do so may be exercised
in a contemporary manner”. “… s. 35 … afford aboriginal
peoples constitutional protection against provincial legislative power”. Perhaps with this decision in hand both
governments will sit down with aboriginal peoples across Canada and make
a sincere attempt to settle all of our differences without delay. Marvin R. V. Storrow, Q.C., Lewis F. Harvey and Joanne Lysyk, acted as legal counsel for the Musqueam Indian Band. |