November 1999
by Barry Stagg
Lobsters are in peril and chaos and violence hang heavy over the fishing grounds because of another absurd abdication of responsibility by our national elite.
The Supreme Court of Canada has ruled that Micmac fisherman can fish in and out of season in Atlantic Canada without regard for seasons, conservation or the rights of any other citizens. This brilliant decision by the Supreme Court of Canada came down in September and the reaction of the federal government has been a typical disavowal of responsibility. Then again, what did we really expect from the federal government especially when decisions are coming from the Department of Fisheries. The department's deportment while foreign fishermen were pillaging the Grand Banks certainly set a precedent that they could not be expected to depart from when the opposition to Canadian sovereignty comes from within.
This entire problem brings into perspective a very real dilemma in this country. There is a war going on between the collectivism of the national elite and the principles of liberal democracy. The collectivists, from their comfortable and secure sinecures in and around Ottawa , will inflict any type of irrational and perverse plan upon others in this country who are not part of their closely held ruling faction. This is not unlike the Soviet system of the late and unlamented U.S.S.R. where the well connected elite ruled the country and didn't give a darn about the rest of the citizens.
On the other hand, liberal democracy is based on the rule of law. The rule of law essentially states that all citizens are equal and all are to be treated equally by the rules that govern us. Laws are rules and the basic principle is that each citizen has to obey these rules. Where the rights of individuals conflict, the government steps in and regulates through statutes, regulations and by generally sorting out these differences.
Native rights have become a sacred collectivist right for the federal government. Natives through the Indian Act are treated as clients of the federal government and in practical terms their rights as federal clients are preferred over the rights of other citizens. That is the way the federal government has been doing business as between itself, natives and the rest of Canada's citizens. That is very much apparent when the disputes on the lobster grounds of New Brunswick are reviewed.
Charles Dickens' famous statement about the law being an ass is very much appropriate in this case. The application of the Canadian Constitution, the Charter of Rights and the fisheries legislation by the federal government has led to this fiasco. The Supreme Court of Canada in making its decision has done so because the federal government has failed to live up to its legislative responsibility in this area. Lazy law makers more interested in publicity and the creature comforts of office have allowed these matter to fester to the point where ordinary citizens are battling each other.
Let us have no confusion. The problem here is with regard to lazy and irresponsible law makers in Ottawa. The Prime Minister, his cabinet and all of the members of parliament elected to be Canada's law makers have failed in their stewardship of Canada's resources and in upholding the rights of all Canadian citizens. Blame the law makers for this problem and look to them for solutions that will enable natives and the rest of Canada's citizens to live in the peaceable country that is Canada.