Glen Clark BP REET De weet ‘ ment lawyers are appealing the _ B.C, Supreme Court acquittal of a Moricetown native man on . charges of illegal fishing. * B.C, Supreme Court Justice Peter Millward handed down an appeal decision last month, ac-:. ~ quitting Jerry Nikal-of fishing without an Indian food: fish per- | mit in July, 1986, ‘.The case is seen as key to . native claims to control of. fisheries on the Bulkley River at - ' Moricetown Canyon, and could - fave wide implications ‘regar- ding native: fisheries aCTOSS the province. : Observers say Millward’s . decision appears to strike down - the existing system of Indian food fish permits, and requires -. more changes in the way the Department of Fisheries and Oceans (DFO) deals with natives. Loy : i-The latestrappeal of iPhecie=shs sion to the B.C. Court of ecieenSp peal marks the third time federal: prosecutors have ap- pealed Nikal’s acquittal in an attempt to overturn. if federal -. prosecutors again. lose the case, their final opportunity to appeal would be in the Supreme Court of Canada. on the Sparrow ruling on native fisheries, Millward ruled Oct. 25 that food fish |_permits. un- justifiably: infringe on the aboriginal right of natives to fish — not only for Nikal, but. . for: ‘all the’ Wet'suwet’en peo- ple who fish the Moricetown ca- “nyon,”’ : federal Department of Fisheries He went.on to:say that the and Oceans (DFO) acted with a. negative attitude “in ignorance ofthe traditional management of ‘the Wet’suwet’en fishery” and failed to ‘engage in mean ingful: dialogue.” Declaring the ruling an “une- quivocal victory’’ for natives, defence lawyer Peter Grant says - the case could set a.precedent resulting in the Crown dropping . ‘all. other charges of _ fishing THE WORLD IS YOURS.../F YOU KNOW THE : RIGHT PEOPLE... |. ‘ever you mde he Weléome”: Wagon! hostess [s tha right person to help. au ‘a place in’ your mew «f° ~Karen 638-0707 | ‘Katharin 635-7504 ‘Native fis ‘case heads — co) appeal — , SMITHERS - — Federal govern- TERRACE — A " proviricial . New Democrat-. government would increase corporate tanes : ¥ would but not to the extent: cause undue financial: harm, says the party's fi nancial 'c eritic, the northwest: last . Clark said corpordte'taxes must. » ise but an jicrease’ should be “agat st any, Pending : recession! “(Corporations hav ) receiv, eda free ride for the past six years, but a dramatic‘catch: up. should not take place during an economic downturn;’? he ‘said,’ “* That position follows New - Democratic policy that there be without a permit against indian people,’ Grant said the present: Jicens- ing system has nothing to do with conservation, and unless: the federal Department of Fisheries and Oceans (DFO) can - find: a very good reason for its ~ existence, *‘the licensing regime is dead,”" “What (Justice Millward) is . saying is.with the best of inten- tions (federal) fisheries got it wrong,” Grant said. “I think that -is a big advance and it’s a major advance on the whole issue of aboriginal rights and Jand claims.” ‘Nikal was first found not guilty of the illegal fishing charges in, 1989 when a provin- cial court: judge’ ruled native ‘fishing. bylaws supersede the feed Fisheries Act, ‘Crown appealed that, ;before BY Alustice Millward ° SB.C. ' renié Gert Thief mer. - | In his. decision,- Millward upholds’ ‘Supreme Court of Canada. rulings that Indian fishing. ‘requirements. ‘take “precedence * over - ‘sports and commerical fishing needs. Only conservation needs take precedence over aboriginal * fishing rights, he affirmed, Basing much oi his decision ” - In the Nikal case, the Crown argued that Indian food fish permits allow’ some conserva- tion control of the Moricetown fishery ‘‘should it be needed."’ Millward dismissed that argu- ‘Ment, saying it “‘flies in the face of .both the ‘stated policy of DFO and the law.”’ The Skeena fishery must be managed. in such a way that the ~ needs of Indians are met before any fish reach Moricetown, he found. a SOR: ‘a’ tour of | eck, Glen | ~ fairness in taxation, Clark con-- - tinued, ‘'The* essential poirit is: ‘that nobody ‘likes to pay: taxes, yet. there is approval if the system is’ fair,” he: ‘said.; : le property . ‘taxes’ go. ip by: - just as much,”’ said Clark. millio from ‘the cosporate’ séctor. to in-_ _ dividuals in the past three: ‘years, This was done by increasing: ..personal taxes, increasing. user . fees and: adding, new user, Fees, Clark. said: “People are being overtaxed, 10 per cent for homeowners; the. - _ industrial share. should: go up’. The! critic added that: $500: "taxes have: ‘shifted: The Ultimate Christmas Gifts J Are At” {|} NIRVANA Give that special person on your ist : A Reading. . pte Te - A Crystal “A Book on Metaphysics R : -. Essential Massage Cis «Tarot Gards = Meditative Music Visit our Metaphysics Centre at 3611 Cot: tanwood Cres. in Thornhill | 635-7776 What we're looking fori isa fair and amenable system’? hé-said,’ Clark said there has :been a: “fabulous response’: fo the. New Democratic policy since it was first announced: That response . includes the possibility. the.- Vander: Zalm-. government itself. might raise: corporate taxes as ‘a. way .of - regain voter popularity, he con. tinued. ‘(Premier Bill Vander Zalm’s) desperate; The govern- ment’s desperate. “That’s. not good for anybody, They're capable of taking any action,” said Clark. - “They're operating complete: ly politically," he said. Clark said the . NDP: philosophy remains one of who should share the taxation -burden, - "We can defend our. position, The government is now Jooking at our strength in policy and taxalion fairness ~ them.”” he said. ‘The Terrace Rotary Club : : The 2 rama | Rotary Club wishes to sincerely thank al the. “people who purchased goods in thelr 30th. annual Rotary a" Atiction. donated merchandise and services to be auctioned off. . to ‘support the community of Terrace. “Also, a great big THANK you to the ‘businesses Wis. ] “Your involvement helps enable the Rotary Club to continue . is one of. ARE YOU: o Worried about the Canadian doliar? 0 Satisfied wiih your current. * trading results? . o Concerned about equity levels and inlerest rates? DO YOU: o Want the potential to profit. from the volatile cammodily” markets? © Have a net worth over s250.0007 Irso: Contact Kirk Miller 640-6530 seoh enter aine Collect DEAN WITTER Laurie Dye, C. G. 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