Turbot triumph for Nunavut
Court ruling recognizes Nunavut's right to control local quota

by Richard Gleeson
Northern News Services

NNSL (July 21/97) - In a Vancouver courtroom July 14, Justice Douglas Campbell of the Federal Court of Canada ruled a turbot quota set by the Department of Fisheries and Oceans violates provisions in the Nunavut Land Claims Agreement.

"Mr. Justice Campbell's ruling makes it clear the federal government cannot ignore its constitutional requirements in favor of special interest groups," said NTI president Jose Kusugak in a press release.

Of a 1,100-tonne increase to the Davis Strait quota, only 100 tonnes was allocated to the Nunavut region.

Nunavut Wildlife Management Board chair Ben Kovic said any increase in the total quota is a mistake.

"I visited (then minister) Fred Mifflin himself in his office and told him it is very unwise to increase the quota," said Kovic. "The scientific advice from his department also told him that, but he went ahead and did it anyway."

Kovic said the decision, made shortly before the federal election, was likely an attempt to win the votes of the ministers' Newfoundland constituents.

The total amount of turbot permitted to be taken in the strait by Canadian fishermen before the increase was 5,500 tonnes, of which 1,500 were allocated to Nunavut fisherman.

Had it been upheld, the increase would have reduced the Inuit portion of the catch from 27 per cent in 1996 to 24 per cent this year.

The ruling said that did not reflect the "priority consideration" the Nunavut region is entitled to under the agreement.

Kovic said 50 per cent would be a fairer share. "We're not greedy," he said. "We want our honest share and we would like to share with other fishermen."

The ruling reverses the process of defining quotas for the area, said Kovic.

In the past the NWMB made recommendations to Fisheries and Oceans, which had final say.

"Now, whenever the minister puts in a new increase it has to be in a draft form, and the NWMB has the final say on the draft before it is released," explained Kovic.

In handing down his ruling, Campbell said the federal government failed to adequately include the Nunavut Wildlife Management Board in its decision-making process.

"Consultation and consideration must mean more than simply hearing," said the judge. "It must include listening as well."