Copyright © 2001 NLThomas
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INDIAN BROOK, NOVA SCOTIA - A lawsuit filed on July 4, 2001 against Canada's Department of Fisheries and Oceans (DFO) because of its decision to allow draggers on Georges Bank, prompts new questions about the DFO's claims to value conservation when it deals with Aboriginal fisheries.

The Halifax-based Ecology Action Centre has launched the legal action, claiming that the use of dragging gear scours the ocean floor and destroys fish habitat.

Lawyers with Sierra Legal Defence Fund will argue on the Centre's behalf that the use of dragging gear violates the Fisheries Act, which explicitly prohibits "the harmful alteration, disruption or destruction of fish habitat."

At the same time, the DFO, citing "conservation concerns", refuses to recognize the right of Aboriginal fishers, such as those at Esgenoopetitj (Burnt Church NB) and Indian Brook (Shubenacadie NS), to regulate their own fisheries. A group of lawyers, who are experts in Aboriginal law, asserted last year that the DFO committed "a serious error of law" by failing to consult with Aboriginal communities and by failing to demonstrate that their fisheries threatened conservation.

Lena Siegers, a member of Christian Peacemaker Teams (CPT), said, "I, as a Canadian, am appalled that my government continues to allow some fisheries to destroy the natural environment while at the same time they prevent conservation-minded First Nations from exercising their inherent rights to fish."

CPT has maintained a violence-reduction presence in Atlantic Canada since April 2000 at the invitation of Aboriginal lobster fishers.