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[salmon river]

Judge rules Parks Canada employee who opened package containing illicit molluscs breached Haida man's trust

The key evidence against a Haida man charged with illegally fishing abalone in Gwaii Haanas National Park has been thrown out of court after a judge ruled the warden who found the illicit molluscs had no legal authority to conduct his search.

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While the abalone were excluded, Seidemann found that a written statement Russ gave to fisheries officers after the package was discovered -- in which he admitted harvesting abalone -- was admissible.

Reached by phone at his home in Skidegate, Russ said he was happy with the judge's decision.

However, he said that the charges against him have not been dropped and he is due back in court on April 16.

If the case goes to trial, said Russ, he intends to argue that his membership in the Haida Nation gives him the legal right to harvest abalone for food and ceremonial purposes.

"It's my aboriginal right . . . to harvest abalone," Russ said. "I really feel that I'm going to win [the case] one way or the other."

Russ also said he has no intention of stopping.

"I've always told [the Department of Fisheries and Oceans] that I'm a Haida person and if I'm on the ocean and the tide is low I'm going to look for abalone," he said. "And if I find them, I'm going to harvest them and take them home."

I thought conservation came before First Nations rights even and these Abalone are a Species At Risk. I have no problem with First Nations getting fish/food to eat but when something is at risk shouldn't that take priority?

It does not sound like this particular individual plans on stopping either and  it is people like that that give many first nations a bad rap...as people see one case then it gets generalized as if they all are doing it which is not the case.

Read the rest here

[troutbreath]

The only way he will get charged is if they find one in his mouth ,and that they have photos and DNA evidence of it coming from the beach. The Judge was spot on, that if you find evidence of a crime, keep you mouth shut. Unless you have abalone spewing out of it. The Parks Canada guy should feel lucky the Judge let him keep his job.