Criminal justice vs. native rights
Sto:lo wonder when fishing became a crime
Paul J. Henderson, The Times
Published: Friday, July 17, 2009
Tensions between the Cheam Indian Band, Crown prosecutors, the RCMP, the provincial government and the Department of Fisheries and Oceans (DFO) may be on the rise after a number of recent arrests and prosecutions have angered local First Nations leaders.
Chief Sid Douglas and the Cheam band council hosted a meeting on Wednesday night attended by, among others, Chief Bob Chamberlain, an executive member of the Union of B.C. Indian Chiefs, Tzeachten Chief Joe Hall who is also president of the Sto:lo Nation Society, and Grand Chief Doug Kelly who is chair of the First Nations Fisheries Council and is on the political executive of the First Nations Summit.
"What we talked about were three community members that are encountering significant difficulties with the criminal justice system--the provincial court of B.C.--on charges related to fisheries," Kelly told the Times Thursday.
The issue came to the forefront when Cheam band member Patricia Elaine Kelly's photo and information was included in the weekly Crime Stoppers advertisement in the June 12 issue of the Times.
The ad said Kelly was wanted for "purchasing, selling and possession of fish against the fisheries act."
The inclusion of Patricia Kelly and her mug shot as someone the RCMP are looking for angered many local First Nations leaders.
"How does a woman from our community become a criminal for practising her right to fish," Kelly said. "We have a constitutionally protected right to fish and so how does a conflict between an aboriginal person and DFO, how does that become a criminal matter?"
Chief Joe Hall agreed.
"There's got to be a more fair way of dealing with these issues rather than turning well-meaning and honest people into what's being perceived as hardened criminals," Hall told the Times Thursday. "In essence, in my opinion, that defames the character unjustly."
Both Kelly and Hall said the next step is to attempt to arrange a meeting with Attorney General Michael de Jong, Minister of Aboriginal Relations and Reconciliation George Abbott, and Solicitor General Kash Heed to talk about how police and the courts deal with conflicts around aboriginal rights.
Crown counsel Finn Jensen did not return the Times' call and the DFO was unable to find someone to comment before press time
Const. Leanne Dunlop of the Chilliwack RCMP said they try to pick individuals they are having the hardest time locating. She also said warrants for arrest come from Crown counsel.
"We have a duty to find someone ourselves, then legally we are able to submit the photos for the purpose of apprehension," she said.
Hall said the laws outlined in the Department of Fisheries and Oceans Act are in place to prevent abuse of the harvesting of resources.
"It should be applied to [sports fishers] and commercial people as well, but too often I've heard the largest focus of the law has been directed at First Nations and rather harshly," he said.
Kelly said two Cheam band members in addition to Patricia Kelly have also been targeted for fishing violations recently: Darwin Douglas and Harry Connal Jr.
Kelly said the recent prosecution of Douglas was extreme and he was "thrown in jail" when he voluntarily went to the courthouse after missing a court appearance.
"We in Chilliwack are getting concerned about grow-ops, about gangs, about organized crime, about drugs and drug dealers and it seems to me that's where the justice system ought to be putting its attention," Kelly said. "We need to make sure that we don't have this 150-year-old conflict between cowboys and Indians."