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The issue of fishing rights as guaranteed by Treaty is far from over. It is not dead and will not be so in the near future if the Cold Lake First Nations can help it.
The Band is emphatic and resolute in "sticking to our guns" regarding the preservation of what they consider to be their legal right.
In a recent interview with Chief Alec Charland of Cold Lake, "Windspeaker" was informed that "we told the people to go ahead and set their nets.
"We can't give in, the law is there, in the Treaty," said Charland.
In continuing their opposition to an imposed fishing ban on Cold Lake by Fish and Wildlife, band members have continued to set fishing nets. To date, there has still been no response from Premier Getty's office.
Since last week when the band was confronted by gaming officials at English Bay and threatened with confiscation of their nets, the dispute has been rather quiet. "There hasn't been too much happening," Charland told "Windspeaker."
A very recent development, however, has just come to light. The Chief's brother, Noel, had his net removed by officials on the morning of April 11. As yet, no charge has been laid and the band doesn't know if one will be.
When questioned as to how many nets are in the water, the chief could not comment because he had not kept on top of the particulars. It is known that some nets are in the water.
Charland thinks that it may be possible that gaming officials are not pressing the mater too diligently until they see what results when the pending court date of May 4 rolls along. On that day, Marcel Piche goes to trial for contravention of Section 59(k) which is"fishing in water sets aside for propagation (reproduction)."
Piche's net was seized by Fish and Wildlife on April 4 and he was issued a summons April 10. Two other nets, one belonging to Alphonse Janvier and one to Alphonse Amable, were also taken on April 10.
On April 11 a summons was issued to the Cold Lake First Nations chief and council charging them with having a net in the waters of Cold Lake in opposition to section 59(k). They, too, had a net lifted by wildlife officers.
These four net seizures, coupled with the confiscation of Noel Charland's net, brings the total to five nets confiscated. The chief is considering the possibility of making a formal request for the return of these nets.
Up until April 22 there has not been any other known seizures (since April 11).
The issue of Treaty fishing rights is one of the concerns which chief and council intend to pursue on May 15 when they meet with Indian Affairs Minister David Crombie. The meeting between Crombie and the Treaty 6 Tribal Chiefs Association was initially arranged to deal with other matters but the chief informs "Windspeaker" that fishing rights will also be an agenda item.
As the conflict continues, the people refuse to abandon their cause. The Treaty is still perceived as being inviolate and any attempt by any person group to undermine Indian traditional rights stands to be refuted.
The Cold Lake band is not alone. They have "full support" of the Treaty 6 chiefs, who are very concerned with what appears to be another way of whittling away and eroding the laws of the Treaty. Some people call it a return of the government's attempt to do away with their responsibilities towards Canada's first people. It is, in their estimation, a recurrence of the federal government's 1969 White Paper. That document was designed to transfer federal responsibility for Indians to the province.
Were that to ever occur, it would be a dark day in Indian history and, as some of the chiefs have said in their recent Treaty Six forums, would spell the doom of the Indian race.
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