Nation seeks declarations and damages over decision that infringed their rights and had a devastating impact on the community.
BELLA BELLA, BRITISH COLUMBIA (Feb. 27, 2024) - Heiltsuk Nation has commenced a civil action against the Government of Canada in BC Supreme Court, alleging infringements of Heiltsuk Aboriginal rights caused by a unilateral decision made by Fisheries and Oceans Canada (DFO) to prohibit the commercial harvest of herring spawn-on-kelp (SOK) in Heiltsuk Territory in 2022.
Download a copy of the claim here.
The civil claim, which names the Attorney General of Canada as the sole defendant, has been sent to Canada, and was filed with the Supreme Court of British Columbia’s Vancouver registry in mid-December. Heiltsuk Nation alleges in the claim that in early 2022, about one month before the start of the season, DFO prohibited all commercial SOK harvest on the Central Coast, contrary to a management plan jointly developed by DFO and Heiltsuk Nation.
Heiltsuk Nation alleges that DFO’s unilateral decision to close the commercial SOK fishery unjustifiably infringed Heiltsuk Aboriginal rights to manage and harvest SOK, harming the economic security and the cultural, spiritual, and physical health and well-being of the nation. Heiltsuk Nation is asking the court to order damages and issue declarations regarding Canada’s infringement of Heiltsuk rights.
“We did not take the decision to commence legal action lightly,” said Marilyn Slett, elected Chief of the Heiltsuk Nation. “We have worked hard to build trust and collaboratively manage herring stocks in Heiltsuk Territory with DFO, however the unilateral decision to close our commercial SOK fishery seriously undermined those efforts and infringed our rights. We will move this claim forward, on behalf of our people, with the attention it demands.”
Since 2016, Heiltsuk Nation and DFO had jointly managed the herring fishery in Heiltsuk Territory, collecting and sharing data and analysis, and making a joint management recommendation to the Minister of Fisheries and Oceans each year. In 2022, however, the Minister declined to follow that recommendation, surprising Heiltsuk, and undermining incremental reconciliation agreements that had been signed between Canada and Heiltsuk under the banner of “Haíɫcístut,” a Heiltsuk word which means, “to turn things around and make them right again.”
“It was only a few years ago that Heiltsuk resolved a claim against the Government of Canada for past infringements of our rights to fish herring spawn-on-kelp, so we are frustrated to have to take this step again,” said Hemas Harvey Humchitt, a Hereditary Chief of the Heiltsuk Nation. “Respect for joint management is a critical part of the reconciliation agreements we have signed with Canada. We are hopeful this can be made right, and that we can return to walking the path of Haíɫcístut once again.”
Heiltsuk Nation members are the rightful stewards of their territory and have managed Pacific herring sustainably since time immemorial. Unlike sac roe herring fisheries, the SOK fishery does not cause fish mortality and is self-limiting because it is only viable when there is abundant spawn in the harvest area. The commercial SOK fishery is much more than an economic lifeline for Heiltsuk Nation. Herring has been the cornerstone of Heiltsuk culture for thousands of years. In 1996, in a case known as R. v. Gladstone, the Supreme Court of Canada confirmed Heiltsuk Nation’s constitutionally protected Aboriginal right to commercially harvest SOK.
Contact Information:
Marilyn Slett
Chief Councillor
Heiltsuk Nation
250-957-7721
Andrew Frank
Heiltsuk Tribal Council Communications
604-367-2112