Neskonlith and Adams Lake Bands
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(1997) 138 FTR 81 (Federal Court Trial Division) and (1997) 136 FTR 202 (FCTD)
Thompson River Coho Fishery
In 1997, EAGLE sought an Interim Injunction in a judicial review proceeding in the Federal Court of Canada on behalf of the Neskonlith. We challenged the decision of the Department of Fisheries and Oceans (DFO) permitting fishing that would result in coho mortalities.
The case was based on assertion of an Aboriginal Right to fish for coho in the Thompson River. We alleged that it is contrary to s.35 of the Constitution Act, 1982, to allow Thompson River Coho-directed sport fishing when there are not enough coho to support the food, social and ceremonial requirements of Aboriginal Peoples, and further, not enough to meet conservation needs. The initial injunction and judicial review were unsuccessful.
In 1999, EAGLE again commenced judicial review proceedings on behalf of both the Nesonlith and Adams Lake Bands. We challenged specific DFO decisions. After DFO reviewed the court materials, they entered into a settlement conference with our clients to negotiate a framework for the co-management of Thompson River-bound coho.
In 1997, EAGLE sought an Interim Injunction in a judicial review proceeding in the Federal Court of Canada on behalf of the Neskonlith. We challenged the decision of the Department of Fisheries and Oceans (DFO) permitting fishing that would result in coho mortalities.
The case was based on assertion of an Aboriginal Right to fish for coho in the Thompson River. We alleged that it is contrary to s.35 of the Constitution Act, 1982, to allow Thompson River Coho-directed sport fishing when there are not enough coho to support the food, social and ceremonial requirements of Aboriginal Peoples, and further, not enough to meet conservation needs. The initial injunction and judicial review were unsuccessful.
In 1999, EAGLE again commenced judicial review proceedings on behalf of both the Nesonlith and Adams Lake Bands. We challenged specific DFO decisions. After DFO reviewed the court materials, they entered into a settlement conference with our clients to negotiate a framework for the co-management of Thompson River-bound coho.