Sue's Blog

Thursday, August 03, 2006

One Review of the Council of the "con"Feferation

This is an interesting review but the author missed a couple of things, the fishery barely got a paragraph other than to mention the E.U. Tariff on shrimp - foreign overfishing, foreign quota's on crippled stocks, custodial control, joint management, and early retirement packages never got a peep. Is our Premier afraid to tackle his counterparts from Nova Scotia and P.E.I.
If he really meant business on this critical renewable resource, our Premier might have taken the Premier of PEI aside and said we'd like to join your lawsuit against the feds. When will we make them pay? How many tens of thousands of rural Newfoundlanders and Labradorians have to leave before we take Ottawa's foot off our chest?
To see the Story press HERE

3 comments:

WJM said...

our Premier might have taken the Premier of PEI aside and said we'd like to join your lawsuit against the feds.

You are aware, of course, that one of the things sparking the PEI lawsuit is the opinion in PEI that too much quota goes to Newfoundland, and not enough to PEI.... right? You ARE aware of that, aren't you?

Sue Kelland-Dyer said...

Tell you what WJM read the initial ruling with respect to the correct jurisdiction to sue and the attempt to have it thrown out by the feds. Unsuccessful meaning it set a precedent and the case proceeds. Now do you get my meaning or what?
Print the damn ruling on the site and crawl back under your land-locked rock. Show me you've read it. What case are you talking about?

WJM said...

Tell you what WJM read the initial ruling with respect to the correct jurisdiction to sue and the attempt to have it thrown out by the feds.

Tell YOU what: learn the difference between a ruling on procedure and one on the merits of the case.

Unsuccessful meaning it set a precedent and the case proceeds.

Yip. We'll see what happens when the substantive issues are decided, IF they are.

Print the damn ruling on the site and crawl back under your land-locked rock. Show me you've read it. What case are you talking about?

The PEI one.

Did YOU read the procedural decision?

One of the things PEI is claiming in its substantive claim is:

Finally, they claim that under the Prince Edward Island Terms of Union, the government of Canada is required to assume and defray all charges for the protection of the fisheries.

If this is accepted by the courts, would it also be found to be the same under the Newfoundland Act? If so, where does that leave "joint management"?

PEI also claims that DFO "failed to meet fishers’ legitimate expectations." One of the "legitimate expectations" PEI claims to have is more quota off Newfoundland.

Why should the NL government intervene in SUPPORT of such claims?

The PEI decision so far is only a jurisdictional one, a question entirely preliminary to the substance. Anyone with a basic grounding in the law would know that, and know the difference.