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More than a year has passed since the Mowachaht / Muchalaht First Nation prevented Fisheries and Oceans Canada (DFO) from capturing the young killer whale named Tsux’iit (Luna, L-98) in June, 2004. While DFO officials insisted the peaceful Mowachaht / Muchalaht protest was a surprise to them, documents obtained through the Access to Information Program (ATIP) show DFO was repeatedly warned failure to involve Mowachaht / Muchalaht in their plans to relocate Luna (L-98) could result in problems. In July of 2003, Gold River RCMP officer Jackie Olsen informed DFO Marine Mammals Coordinator Marilyn Joyce that the Mowachaht / Muchalaht First Nation was upset on not being consulted on plans to capture Tsux’iit, and were prepared to block roads to prevent relocation. Local DFO Fisheries Officer Ed Thorburn was also warning his superiors of the potential for problems.

“As I was saying Chief Mcquinna (sic) has asked to be consulted by DFO before any decision is made about L98,” Ed Thorburn wrote in an e-mail to John Ford (August 14/03). “I did speak to him for 45 min and I came away with a belief Chief Mcquinna wants the best for L98. We do have to respect the Mowachat/Muchalat Bands spiritual connection to L98. I have asked Paul Preston from Fish Management AFS to set up a meeting with Chief Mcquinna and Council ASAP,” he wrote.

After a meeting with Mowachaht / Muchalaht Tyee Ha’wilth Mike Maquinna and various council members, Thorburn scribbled in his notebook: “Chief Mowquina does not want Luna moved. Dept. recognizes that L98 is culturally and spiritual significant. It is our wish that’s respected and we have encouraged FN to work with us … We must consult with Mowachat / Muchalat.”

In his report to Joyce, Thorburn wrote: “Today I met with Chief Ben Jack, Chief Mike Maquinna, Dave Munro and Roger Dunlop at the band offices. I presented the ‘Action Plan’ as proposed by Fisheries and Oceans Canada. I further explained the early release of decision to translocate L98 and the rational of Luna Stewardship departure from the Gold River dock. Chief Maquinna directed my attention to a letter sent to Paul Preston dated September 23, 2003 which states that ‘the people of Mowachaht/Muchalaht feel and know the spiritual significance and cultural ties Tsux’iit presents itself to all of us, as people want Tsux’iit to be left alone, and that nature take its course’. They are very adamant that this be their respected wish. This wish is also the consensus of those at the meeting. The feeling is very deeply felt by this First Nation. Chief Maquinna spoke to the lack of respect the DFO and Government of Canada has shown to himself and the position of his Nation. I take this to mean all dialogue between both groups. This spills over into the present situation with Tsux’iit. I feel that inclusion of the Mowachaht/Muchalaht in the action plan is vital to a positive outcome of the whales future,” wrote Thorburn. “A personal point was made by Chief Maquinna that if Tsux’iit is to be penned for a short period of time it should be done at Friendly Cove. Further he is very strongly opposed to any taking of blood from the whale. These points must be resolved in the very near future or the window of opportunity will close,” he warned.

Marilyn Joyce then reported to her superiors, “my staff have also been meeting with Chief Mike Maquinna to ensure that the First Nations are actively involved in the planning process”.

But according to Maquinna, these meetings were information sessions where DFO presented some parts of their relocation plans, but made no attempts to consult in any meaningful way with the Mowachaht / Muchalaht Chiefs, elected council, or community members. As a result, when DFO forged ahead with their plans in June of last year, Mowachaht / Muchalaht successfully kept Tsux’iit away from the holding pen, thwarting DFO’s relocation program.