Thank you. I wasn't expecting to be so quick off the bat.

Good afternoon, Mr. Chair and committee members. Thank you for allowing me the opportunity to present before the committee today.

I'm the executive director of the First Nations Fisheries Council of B.C., which was established in 2008. The FNFC has the mandate of implementing the B.C. first nations fisheries action plan and working with first nations to foster stewardship and engagement. We undertake the convening role to ensure a cohesive first nations voice on Pacific fisheries and aquatic resources. This mandate was endorsed by resolution of the B.C. Assembly of First Nations, the Union of British Columbia Indian Chiefs and the First Nations Summit.

The FNFC's approach is to convene first nations, listen to their priorities and perspectives, and help clearly articulate their shared messaging to decision-makers. These structures and processes support coherent messaging to government and align to the federal government's approach to implementing the requirements of the UNDRIP action plan.

On August 1 of this year, after a detailed assessment of the existing Fisheries Act, the FNFC submitted for the committee's review their in-depth assessment of how best to modernize the Fisheries Act. We examined the act with particular regard to how best to align it with Canada's legal obligations toward first nations, as enshrined in section 35 of Canada's Constitution and as recently elaborated upon in Canada's UNDRIP Act and Canada's UNDA action plan.

Over the next few minutes, I would like to touch upon our key points, as documented in our submission to the committee.

First, it is of utmost importance that the review of the Fisheries Act be broadened to include modernizing the act to be consistent with UNDA. The federal government has made commitments to modernize federal laws to be consistent with UNDA, and FOPO should take this opportunity to incorporate these changes. FNFC's submission provides examples and recommendations where sections need to be changed to be consistent with UNDA.

To aid the committee in its work, FNFC is developing a recommendations report, to be completed in March 2025, which will be specific to modernizing fisheries-related laws and regulations consistent with UNDRIP. We intend to share our report with members of the committee once it is completed.

Second, it is important to recognize that first nations do not derive their rights solely from Crown legislation or court rulings. First nations have indigenous law that predates western contact. First nations use and have always used indigenous law to govern themselves. A crucial element of reconciling Crown and first nations relationships is the mutual recognition that the respective parties have different governing systems and laws. Thus, the Fisheries Act must recognize indigenous law as a contemporary legal framework in Canada and provide for the implementation of legal pluralism.

Third, the Fisheries Act should be updated to broaden the purposes of entering into agreements with first nations and to uphold agreements signed with first nations as a way to recognize and respect the jurisdiction and authority of nations to share responsibility in the management of fish and fisheries. This is consistent with current and emerging forms of collaborative management agreements and reconciliation framework agreements that relate to fisheries.

Fourth, the act should address the lack of transparency and accountability in the minister's decision-making and should mandate the explicit identification of the factors the minister has considered when exercising discretion. Transparency is crucial to helping Canada's indigenous partners understand decision-making under the act, especially in the context of protecting fish, fish habitat and sustainable fisheries, which are integral to first nations cultures and societies.

I thank you for your attention and time.

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