There is a lot of confusion and misinformation around the situation in Nova Scotia with regard to Mi’kmaw fishing rights.
Here are some facts from a page posted by APTN followed by a letter written by TRC Bobcaygeon.
The 1999 Marshall Decision.
In 1999, the Supreme Court of Canada (SCOC) released the Marshall Decision. The court did not give the Mi’kmaq the right to fish – but recognized and upheld that right enshrined in the Treaties.
The judges created the term Moderate Livelihood so the Mi’kmaq can make money, but not get rich. Then the court issued a second decision with a clarification that this right can be regulated by Canada.
It Is Not An Illegal Fishery!
The Mi’kmaq have a constitutional right to fish for a Moderate Livelihood but Canada has yet to implement the Marshall Decision and DFO has not reflected the right to a Moderate Livelihood in its regulations.
How much is being fished?
Contrary to what non-Mi’kmaw fishers are saying, conservation is not a concern. According to the Department of Fisheries and Oceans (DFO), the lobster stocks are healthy. The Commercial fishery, according to the DFO “remains very healthy.” The province says the landing of lobster has doubled in the past 20 years.
Sipekne’katik First Nation has seven licenses and only three are being used at the moment. Each license has 50 traps for a total of 150 traps. The commercial fishery in that zone, which is much bigger than just St. Mary’s Bay, allows for up to 390,000 traps.
Commercial versus Moderate Livelihood versus Food, Social and Ceremonial Fishery.
Most Mi’kmaq, and Wolastoq bands in the Atlantic region signed commercial fishing deals after the Marshall decision – but Moderate Livelihood has never been defined.
A Moderate Livelihood is supposed to allow a Mi’kmaw individual to make a living off resources. As a sovereign nation on unceded territory, the Mi’kmaw have jurisdiction and that is the basis to make their own rules for their fishery and that is what they’re asserting right now.
The Food, Social and Ceremonial fishery allows that catch to be eaten or used in ceremony – but it can’t be sold.
Canada has rules for FSC and Commercial – but Mi’kmaw want a third fishery – but there are no rules for it so they’re making their own.
Treaties.
The Mi’kmaq signed Peace and Friendship Treaties in the mid 1700s and these treaties never ceded land.
The 1752 Treaty agreed that the Mi’kmaq “shall not be hindered from, but have free liberty of Hunting & Fishing as usual.” The SCOC upheld this right for the Mi’kmaq in the 1985 Simon case.
The 1760-61 Treaties ensure the Mi’kmaw right to sell, barter and trade at truck houses which were run by the British at that time.
TRC Bobcaygeon is appauled by this situation and the lack of action by government and the way the RCMP has been standing by allowing violence. We have written a letter of support which we have also sent to various officials to request action.
Aaniin / Greetings Chief Sacks,
We have been appalled by the news from Digby Nova Scotia of the racist violence and assaults on Mi’kmaq lobster fishers and other members of the Sipekne’katik nation by commercial fishers and others in the local settler community. And worse by the failure of the RCMP and provincial and federal governments to intervene to protect ‘Mi’kmaq fishers, members, property and to enforce your Treaty Rights as affirmed in the long standing SCC Marshall decision.
We are a group of settlers in Bobcaygeon, Ontario working for reconciliation through our group Truth and Reconciliation Community Bobcaygeon (TRC-Bobcaygeon) and wanted to express our solidarity and ask if there is anything else we can do to support you, other than call on the federal and provincial governments to honour your Treaty Rights and act to enforce them as they are legally required to do and in the spirit of reconciliation.
Your situation in Digby is unfortunately similar to a local conflict that we are familiar with – the Michi Saagiig Nishnaabeg and their right to harvest and tend the manoomin (wild rice) in the lakes in their territory which has been under attack by local lakeshore property owners for several years including illegal destruction of the manoomin beds. The federal government also seems to be reluctant to take a clear position in favour of enforcing Nishnaabeg harvesting rights and to explain to settlers that it is not an issue to be negotiated or of balancing different
interests. It is a question of recognizing, honouring and enforcing inherent rights of the Nishnaabeg, as it is with the Treaty Rights of the Mi’kmaq.
It should go without saying that there is no place in Canada for racist attacks especially in the era of reconciliation. We are copying the Prime Minister, federal Ministers responsible and the Premier of Nova Scotia in order to call on them to take urgent action to protect the Mi’kmaq fishers, property and rights.
In solidarity,
Sherry Telford, Co-keeper
Rev. Rodney Smith-Merkley, Co-keeper
Elaine Bird
Rev. Ann Blane
Glenna Burns
Ann Davidson
Sherry Hillman
Sandy McMullen
Drew Milligan
Peter Raymond
Brenda Wall
in Michi Saagiig Nishnaabeg Territory
https://trcbobcaygeon.org/
cc. – Hon. Justin Trudeau, Prime Minister of Canada
Hon. Marc Miller, Minister of Indigenous Services
Hon Carolyn Bennett, Minister of Crown – Indigenous Relations
Hon. Bernadette Jordan, Minister of Fisheries
Stephen McNeil, Premier of Nova Scotia
