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BLOC QUÉBÉCOIS' COMPLEMENTARY OPINION
ON THE REPORT ON THE MARSHALL DECISION AND ITS IMPLICATIONS FOR MANAGEMENT
OF THE ATLANTIC FISHERY

At the time of writing, the Committee has not yet finished its work and the translation is therefore incomplete. The circumstances therefore call for the Bloc Québécois to make a special effort, once again, to help move the parliamentary process along. The Bloc Québécois recognizes that the situation is urgent and has actively participated in the Committee's work and the preparation of the report, although some information is not available in French.

The Bloc Québécois supports the spirit of the report and agrees that it had to be produced expeditiously. However, it should have been entitled "Interim Report" for it cannot be claimed that the analysis of the Marshall decision and its implications has been fully completed. Moreover, some important points were omitted or not covered adequately. The Bloc Québécois therefore wants to add the following observations.

The Government and all stakeholders should be guided by the following considerations.

1. Identifying negotiating partners

It is essential that the Government publish an exhaustive list of the bands which it considers to be covered by the Treaty. It should strike a review panel of experts on Aboriginal law to give groups that feel adversely affected an opportunity to be heard before the negotiations are too far advanced.

2. Interim agreements

The Government must give tangible proof of its good-faith desire to solve the problem. As a preliminary move towards sharing the resource, it should lease the necessary quantity of fishing licences for the short term and lend those licences to the Aboriginal communities in order to

- facilitate training of the newcomers and their entry into the industry;

- let Aboriginal communities start exploiting the resource where they are ready to do so and where harmonious relations exist.

3. Licence buybacks

The Government should make a sufficient financial provision in its February 2000 budget for DFO to assemble a bank of licences. It will then be able to meet the demand for licences where necessary when the negotiations have been completed.

The Government should also set up a financial assistance program for fishing crew members and plant employees affected by the transfer of licences.

4. Management of the fishery

a) One set of regulations

The negotiations should proceed on the principle that the same regulations should apply to all.

b) Review of fishery management

Many witnesses told us that DFO still has not solved its problems with management structures. The arrival of new players underscores the importance of reviewing the way the Department of Fisheries and Oceans is managed.

i ) With respect to the United Nations treaty that Canada recently ratified, it would be important to know

- how Canada defines a viable fishery;

- how Canada defines a sustainable fishery.

ii ) Criteria for a stable division of the resource between the provinces should be established in view of the reallocation of the resource made necessary by the addition of newcomers.

5. Respect for jurisdictions

Paragraph 1.62 of the recommendations seems to undermine respect for provincial and federal jurisdictions. The concept of "guilty buyer" should be brought to the attention of the provinces that issue the licences in question for their consideration.

6. Moderate livelihood

The concept of "moderate livelihood" is the key element in the Marshall decision with respect to the future scope of the Aboriginal role in the fishing industry. It must be borne in mind that until this point has been clarified all solutions will necessarily be of a tentative nature. To better define the concept, the Government should

- name an official at Indian and Northern Affairs Canada to coordinate efforts to clarify the concept of "moderate livelihood";

- determine the working method and the parameters to be considered;

- set a timetable for the process.

I hope these observations will be helpful in achieving a harmonious settlement on management of the fishery and on the industry's future.

Thank you, Mr. Chairman.

Yvan Bernier, Member of Parliament, Bloc Québécois.