Question Period Note: Five Nuu-chah-nulth (New-chal-nuth) First Nations

• The Government of Canada is working collaboratively with the five Nuu-chah-nulth First Nations of Ahousaht (A-hows-at), Ehattesaht (E-hat-es-at), Hesquiaht (Hes-quy-at), Mowachaht (Mow-a-chat) Muchalaht (Much-a-lat) and Tla-o-qui-aht (Ta-low-quy-at) to advance reconciliation in the area of collaborative governance, increased fishing access, and a community based fishery.
• We signed an Incremental Agreement on September 10, 2019 and currently are working closely with the Five Nations on a more comprehensive Reconciliation Agreement for Fisheries Resources.
• DFO consulted with the Five Nations and others on a third right-based multi-species fishery management plan for 2021-22 which came into effect in April 2021.
• Fisheries and Oceans Canada will take the necessary time to properly review the decision of the BC Court of Appeal.
• We will continue to work with the Five Nations on implementation of their Aboriginal right to fish and sell fish and on their participation in commercial fishing more generally.

• In its decision dated November 3, 2009, the Supreme Court of British Columbia (BCSC) found that the Plaintiffs, five Nuu-chah-nulth First Nations on the west coast of Vancouver Island, have an Aboriginal right to fish for any species of fish (excluding geoduck) within their court-defined fishing territories [which extend offshore 9 miles] and to sell that fish but declined to rule on whether the infringement is justified.
• Following the establishment of the right, the parties have been in negotiations and at the request of the Five Nations, a new negotiation process was launched in March 2017. The Five Nations and federal officials completed a Framework Agreement on December 21, 2017, in order to initiate and guide the negotiation of a reconciliation agreement. The Five Nations and Canada concluded an Incremental Reconciliation Agreement for Fisheries Resources (IRAFR) on September 10, 2019.
• In 2014, the Five Nations initiated a return to court on Canada’s justification of infringements on their rights. The BCSC decision on infringement, released on April 19, 2018, provides clarity regarding the scope and scale of the Aboriginal right of the Five Nations and their preferred means of fishing.
• The BCSC issued an order on November 1, 2018 that sets out the remedy ordered by the court and allows DFO to determine what must be done to implement the decision.
• Consistent with the November 1, 2018 court order, Fisheries and Oceans Canada (DFO) released an initial multi-species fishing plan for salmon, groundfish, crab, and prawn on November 30, 2018 and consulted the Five Nations, other potentially impacted First Nations, and relevant stakeholders on this initial plan for the 2019-20 season.
• The Five Nations have appealed the April 2018 BCSC decision. The appeal was heard in February 2019. The decision was rendered on April 19, 2021.
• The Five Nations have also brought a civil claim in the BCSC (and a separate judicial review application before the Federal Court of Canada, which is in abeyance) to challenge various aspects of the 2019-20 Fish Management Plan (FMP).
• An additional legal action was launched by the Five Nations to seek an injunction through the Federal Court. In their filing with the court, the five Nuu-chah-nulth First Nations challenged DFO’s in-season Chinook salmon Total Allowable Catch (TAC) adjustment, which increased the Area G commercial TAC for chinook. On August 16, 2019, the injunction motion was dismissed by the court. In light of this decision, DFO managed that year’s salmon fishery respecting both the FMP for the Five Nations’ rights-based fishery and the salmon Integrated FMP. At the end of the season, DFO conducted a year-end review and consulted with the Five Nations on any adjustments that may be required to the Five Nations’ multi-species Fisheries Management Plan in 2020.
• DFO conducted a post-season review for fisheries under the 2020/21 FMP and has concluded the pre-season planning phase for the 2021/22 FMP. The 2021/22 FMP is now in place and right-based sale fisheries are ongoing for salmon, groundfish, crab and gooseneck barnacles. Prawn and Sea Cucumber fisheries are anticipated to commence later this year.
• The opportunity to harvest Sea Cucumber has been added into the FMP for the first time in 2021/22.
• A Reconciliation Funding Agreement (RA) was in place for 2019-20 and 2020-21 The purpose of the RA is to support the Five Nations in the formation of the Ha’oom Fisheries Society, to support the development of the RAFR and pre-implementation support towards aspects of the RAFR including: i) collaborative governance (including monitoring costs); ii) increased fisheries access; iii) community fishery (including foregone fishery opportunities; and iv) capacity building. A subsequent Agreement is in the process of being developed for 2021/22.
• Canada and the Five Nations are currently meeting on a regular basis to negotiate a comprehensive reconciliation agreement for fisheries resources that includes, but is not limited to, increasing fishery access, a community based fishery and collaborative governance.

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