Commercial fisheries: Should commercial fishing rights be included in modern treaties – pros, cons and alternatives

Given the cultural and economic importance of commercial fishing to BC First Nations, and in particular coastal First Nations, the answer to this question is obviously “yes”. However, this answer must be qualified somewhat: “Yes, provided the inclusion of commercial fisheries in the treaty meets the cultural and economic needs of the respective First Nation”.

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Reconciliation through litigation

As this paper suggests, litigation has played and will continue to play an essential role in achieving reconciliation by more clearly defining rights in difficult areas and advancing negotiations on important issues that might otherwise be irreconcilable. In fact, litigation and negotiation can intersect very comfortably with one another and lay groundwork for achieving reconciliation.

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