Update on court proceedings seeking Judicial review of band decision to allocate Marshall license to non native fish corporation over band members: I had a very long and trying day today. I was so disheartened to have to go to court about a decisionn of my band. I just couldnt accept that a license given to our community under the Marshall Supreme Court of Canada be given to a non native fish corporation over a band member. So, I go to court under a federal court procedure called Judicial Review which allows us to take a government to task in requiring them to use judicial fairness and due process in making governing decisions which impact the people they are governing and therefore have a fiduciary relationship with. So, i expect the band to defend their decision to give license to non native. However, I was not prepared for their lawyer to make such strong assertions against our rights as members of the Indian Brook community. Some of the language and assertions today: Lawyer for Indian brook said we traded in our treaty right for band to get Marshall right. Judge corrected him that it is temporary. Now he is saying that no Mikmaq have an individual right. Our leadership should be here to listen to this crap! Lawyer said its not about rights. But two equal parties competing for a contract. one native w treaty rights and one non native corporate fish company. Big difference they are not looking at is the Win in Marshall and our treaty. They are not acknowledging that but forour treaty right, this non native buyer would not have any right to compete against natives for treaty based fishery. Band is asserting that the best interest of band is for Marshall licenses be fished and ran by non natives over community members. Talking about a treaty right to a band?? Not the Mikmaq people. Indian Brook lawyer saying the Marshall win is a right to the band!! Not the Mikmaq nation or individuals. The bands lawyer had asserted that the band is the inherent authority on treaty... this if accepted by the courts means that our rights can and will be infringed by decisions of Chiefs and councils, even if the rights are outside of the mandate and powers given to the Chief and Council under the Indian Act. This is a very dangerous position for a band to take against a member. I think the lawyer may have gave them advice on how to win against my challenging their decision, but failed to discuss the Rights based implications of them taking this position on rights. I dont believe in my heart that the council would support the line of defense if they knew the damage to our rights they are putting forth. Ron Pink, lawyer for the band, is using the most racist decision of Marshall 2, to diminish individual rights in favor of delegated regulatory powers given to band from Minister. The final insult, is that Indian Brook lawyer, asserted that case should not go ahead without the non native fish buyer, Kaizer, having a chance to be heard in the court proceeding. Therefore, we know have to give notice to the fish buyer and see if he is interested in being a party to the court case. So, my effort to get judicial review on band decision is now being halted until a non native corporation has a chance to be heard and have his day in court on how this will negatively impact him if he is no longer allowed to fish the Indian Brook licenses under Marshall regime. Thanks for support and words of encouragement to the many texts, emails and comments I received today. ON a funny note: Ron Pink and party ended up sitting next to a person I knew personally and worked with in fishery. After 45 minutes of them discusing my case, he got up and told them he worked with me and if there was anything he could do to help my case, let him know. LOL.
Posted on: Thu, 14 Nov 2013 02:39:38 +0000
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