Judgment on fishing not affecting ban

Page R2

Fish merchants in the Cape Croker area aren't convinced a court decision upholding Native fishing rights is enough to ignore a ban on selling Aboriginal catch.

The April 26 decision ruled a provincial government ban on selling fish caught by Saugeen and Nawash Fishers unconstitutional.

But the Ontario Ministry of Natural Resources has yet to respond to the lower court ruling and fish sellers are uncertain how to proceed.

"(The Ministry) has our hands tied," said fisher monger Wayne Raney. The Tobermory shopkeeper is waiting for word from the Ministry of Natural Resources lifting the ban before resuming business with Saugeen and Nawash fishermen.

Raney was among area fish merchants obeying a government ban on selling trout caught by the Ojibway bands.

Official word

Each merchant received a personal letter last year from the ministry informing them of the ban.

And until he gets official word lifting the ban, Raney won't buy fish from Aboriginal fishers, although he has a good working relationship with many.

"I don't want to go to court. It costs time and money," said Raney. He already had to close shop for a day to appear as a witness in the Toronto court case.

A government representative said in order to sell fish commercially, fishermen must have a commercial license. And, because of conservation concerns, there are no licenses to be had.

Review needed

Rosemary Hnatiuk, spokesperson for Minister Howard Hampton, added the department will be reviewing the decision before taking any steps to lift the ban.

"The government has 30 days to appeal the decision. If it stands, interpreting the decision would determine how this issue will be resolved," said Hnatiuk. "We will have to sit down with all the parties involved, the government, commercial fishermen, and the bands, to work this out."

However, she does not anticipate a speedy resolution of the selling ban.

"Although the issue of commercial licenses is a big part of this, there are many other things involved. You can't work this out overnight."

Chief Richard Kahgee of Saugeen Nation disagrees with Hnatiuk's assessment of the situation.

The Saugeen chief repeated that the courts have declared the ban unconstitutional, and the provincial department must follow up on the judgment.

"Irrespective of the interpretation of Mr. Hampton's office, the law is the law. We have recognized rights. We're prepared to advise (fish sellers) they're quite within the law to purchase our fish and sell it," said Kahgee.