Copyright © 2001 NLThomas
All Rights Reserved

Esgenoopetitj (New Brunswick) - Even though he commented that the court may not be the place to solve issues of Aboriginal treaty rights, on May 29, 2001 Judge William McCaroll fined Jason Barnaby and Clifford Larry $1000 each. They were found guilty, in absentia on March 19, 2001, of "obstruction of a fisheries officer" under the Fisheries Act. They were charged by officers of the Department of Fisheries and Oceans (DFO).

On June 12, 2000 three DFO boats began seizing lobster traps of the Esgenoopetitj First Nation (EFN). Barnaby and Larry were on one of the EFN boats which went out to investigate. The boats driven by the DFO attempted to swamp and ram the EFN boats. Five weeks later six EFN members, including Larry and Barnaby, were charged in the incident.

Before the judge announced sentencing, the crown attorney asked for a fine of $2000 to be set as a deterrent for the two men. The defence attorney pointed out that neither man is currently working and would have a difficult time paying a fine. The judge remarked that possibly the two could work the fine off doing community service. An EFN member sitting in the courtroom remarked, "That's the reason they're in court. [for doing] community service."

In his statement to the judge, Larry said, "Our community couldn't allow the DFO to come in and violate us." In response to the Crown Attorney's argument of deterrence, Larry commented, "I'll just be back [in court] in August because I'll do what my community expects me to do."

The judge pointed out that he was faced with two groups of people who were just doing their jobs--what their communities expected them to do. I don't agree. The DFO, because it is an arm of the Canadian government, works for me since I'm a taxpayer. I don't expect the DFO to harass native fishers. Nor do I agree with it. Especially when those same native fishers have had their inherent right to fish recognized by the Supreme Court of Canada, which also happens to work for me.

In talking with Larry the other night he told me that he has made arrangements to work off the fine by doing community service. Will there be a day when native people are able to serve their communities without being charged for it?