Here are the updated materials in Silva v. Farrish (E.D. N.Y.):
83-6 Suffolk County Motion for Summary Judgment
84-8 New York Motion for Summary Judgment
Prior post here.
fishing rights
Federal Magistrate Recommends Dismissal of Shinnecock Members’ Off-Reservation Fishing Rights Suit
Here are the materials in Silva v. Farrish (E.D. N.Y.):
54-3 county defendants motion to dismiss
56-3 state defendants motion to dismiss
Prior post here.
UPDATE:
President Fawn Sharp on the Culverts Case
Here (scroll down to the second audio player).
Quileute & Quinault response to request for rehearing/rehearing en banc in ocean U&A case
Here is Quileute & Quinault’s response, addressing issues such as whether the Stevens treaties must be read together, the meaning of “fish” and whether U&As are species-specific, the proper use of the canons of construction, and what we know of the treaty negotiations at issue here.
Previous coverage here.
Ninth Circuit Audio and Video in United States v. Washington Culverts Appeal
Decision in US v. WA ocean dispute between Makah and Quileute and Quinault
Decision is here: ocean case decision. Bottom line: Quileute has fishing rights 40 miles offshore, and Quinault has rights 30 miles offshore.
Previous coverage is here.
Answer Briefs in United States v. Washington Culverts Appeal
State of Washington’s Opening Brief in Ninth Circuit Appeal of Culverts Decision
Judge Martinez Issues Permanent Injunction Favoring Treaty Tribes in U.S. v. Washington Culverts Subproceeding
HUGE.
Here is the order (briefs shortly):
752 – Memorandum and Order Granting Perm. Injunction
UPDATE: Perm Injunction
Judge Martinez’s 2007 order (and materials) is here.
Lax Kw’alaams Indian Band v. Canada – Something Smells Fishy About This Decision…
In Lax Kw’alaams Indian Band v. Canada (Attorney General), 2011 SCC 56, the Supreme Court of Canada recently (Nov. 10) dealt a serious blow to any tribes wanting to engage in commercial fisheries within their traditional territories. The unanimous, 7 judge court (McLachlin, Binnie, LeBel, Deschamps, Abella, Charron, and Rothstein) rejected a claim to possession (under s. 35) of an aboriginal right to fish commercially all species in their traditional territories. Before contact with the newcomers, the Lax Kw’alaams Indian Band fished off their ancestral coast for thousands of years, regularly traded fish grease extracted from the eulachon, as well engaged in occassional trade in other fish and fish products. As such, the Lax Kw’alaams sought a declaration as to their aboriginal rights to engage in commercial fishing. The trial judge and later, the British Columbia Court of Appeal, rejected their claim. The Supreme Court followed suit – and Justice Binnie (shouldn’t he be gone by now?), writing for the court, agreed with the lower courts.
