CP32-93-2012-3-eng.pdf

Chapter 2 • Recommendations
The minister’s ultimate
decision-making authority
Several previous reports have emphasized that
the federal minister of fisheries and oceans must
hold ultimate decision-making authority over
the Fraser River salmon fishery. In 1995, the
Honourable John Fraser wrote that the Department
of Fisheries and Oceans (DFO) “has no right to
transfer Canada’s constitutional responsibilities to
protect the [fisheries] resource to anyone, Native
or otherwise,” and that “[t]his responsibility must
be retained always by the Government of Canada.” 1
That position was reflected in two recommendations
of the Fraser River Sockeye Public Review
Board chaired by Mr. Fraser:
We recommend that DFO retain and exercise
its constitutional conservation responsibilities
and not in any way abrogate its stewardship of
resources under federal jurisdiction.
…
We recommend that DFO ensure that AFS
[Aboriginal Fishing Strategy] agreements
clearly identify the Minister’s responsibility for
conservation, and that final authority to regulate
and protect fish and fish habitats remain
vested in DFO. 2
The report of the Standing Committee on
Fisheries and Oceans on the 2001 Fraser River
salmon fishery also recommended that “the
Minister of Fisheries and Oceans reassert his
authority to manage the fishery.” 3
In 2005, the Honourable Bryan Williams
strongly criticized DFO’s efforts to share management
of the fishery with First Nations, commercial
fishers, sport fishers, and environmental
organizations, noting that “[s]triving to achieve
solutions that satisfy every interest may result
in actions that satisfy none.” He concluded that,
although public involvement is a good thing,
ultimately “the public expect DFO to maintain
responsibility for good resource management
and will hold DFO accountable.” Mr. Williams
7