Why It Matters

The duty to consult and accommodate is a legal and constitutional obligation owed by the Crown (both federal and provincial) to Indigenous people in Canada: the purpose is to protect Aboriginal rights and the resources used by Indigenous peoples to exercise those rights. The duty is triggered when the Crown contemplates conduct that has the potential to adversely impact Indigenous peoples’ ability to exercise their Aboriginal rights.  Importantly, the duty to consult and accommodate protects Aboriginal rights even if they have not been established in court or through a treaty.

Given the significant risk open-net pen salmon farms pose to the survival of critically endangered populations of wild Pacific salmon that First Nations peoples across British Columbia have relied on for millennia, any decision on the future of the industry, including the Transition Plan, requires the Minister to deeply consult and accommodate all First Nations who rely on wild salmon to exercise their Aboriginal right to fish. All open-net pen salmon farms must be removed from coastal BC to accommodate those First Nations’ right to fish and to protect wild Pacific salmon.