Over two decades ago, in 1999, The Supreme Court of Canada ruled in R. v. Marshall that the Mi’kmaq have a right to fish in order to provide themselves with “moderate livelihood.”
Twenty-one years later, on September 17, 2020—theanniversary of the ruling—the Sipekne’katik First Nation held a blessing ceremony for the launch of their new self-regulated fishery in Saulnierville, Nova Scotia. The launch followed an announcement detailing the phased approach to the fishery, decrying the failure of the DFO (Oceans and Fisheries Canada) to protect Mi’kmaq constitutional rights and outlining the sustainability plan for the new fishery.
Following the ceremony, non-Indigenous fishing vessels began to harass the new operations, pursuing the vessels with flares and cutting newly set traps. These attempts to intimidate and deter Mi’kmaq fishermen were not a singular occurrence; that same week, on September 15, a blockade was set up by non-Indigenous fishermen to protest the use of the Weymouth wharf for lobster hunting during the off-season. Following the initial launch of the fishery, parties continued to cut and remove traps, as well as boycott stores selling supplies to First Nations fishermen and intimidate those who bought from them. These conflicts also ensued, in some cases escalating to verbal assault of Indigenous people. As a result, the Assembly of Nova Scotia Mi’kmaw Chiefs declared a State of Emergency on September 18, which was reduced to a State of Readiness on September 30. In their declaration, the Assembly called upon the Nova Scotia government and the DFO to assist in protecting the rights and safety of the targeted Mi’kmaq fishermen.
Officially, non-Indigenous fishing interests—especially those of large commercial fisheries—have expressed that their primary opposition towards the new fishery arises from the negative impact of off-season fishing on the sustainability of the ecosystem. Shortly after the launch of the rights-based fishery, the Coalition of Atlantic and Quebec Fishing Organizations released a list of demands for the DFO supporting a crackdown on off-season fishing, claiming that “Sustainability, not politics, should drive the management of fisheries.” The coalition also claims that they do not want to clash with the First Nations group and hope to work together towards sustainable fishing.
Yet, as the initial Sipekne’katik statement establishes, the impact of the livelihood fishery ultimately plays a very small role in influencing the sustainability of a multimillion-dollar industry, which lands “60 million pounds of catch.” Compared to a total of 979 licenses in the rest of the region, only seven were distributed at the ceremony. The fishery operates 350 traps, which is fewer than that of a single commercial vessel. Even accounting the sustainability concerns of unlicensed fishing, vigilante practices of intimidation and racist verbal assault on the fishermen suggests that prejudice and disrespect for Mi’kmaq people are at the core of the assault.
The root of the issue, however, lies even deeper. Since the Marshalldecision, both Indigenous groups and commercial fisheries have criticized the government’s lax definition and defense of “moderate livelihood.” Previous studies have failed to quantify a reasonable range for the term, emphasizing the difficulties of assigning a numeric or economic value to the concept of livelihood. Nonetheless, the inaction on the part of the federal and provincial governments to qualify and protect the rights of First Nations fishermen has resulted in the two-decade-long gap between the ruling and the establishment of the fishery. The passivity of authorities, local and federal, in establishing punishment for infringing upon Constitutionally protected rights of the Mi’kmaq fishermen further fuels the continued harassment of both fishermen and the Mi’kmaq community.
Fundamentally, the ruling established by R. v. Marshall is a legal precedent that the government has a duty to defend. The ruling, though dating back twenty years, asserts the validity of a centuries-old treaty established between the Mi’kmaq people and the British Crown in 1760, protecting the right to the traditional hunting and fishing practices of the Mi’kmaq. A caveat in this treaty, which allows the government to step in if they believe the community and its resources are at harm, does not permit commercial fishing interests to harass First Nations fishermen, and many groups, from the Assembly to local Nova Scotians protesting in solidarity, have called for the government to act in defense of the fishery.
Getting Involved
For more information and updates on the situation, please see the following websites:
Ways to Support Mi’kmaq Treaty Rights and Moderate Livelihood Fisheries
Mi’kmaw Chiefs Assembly Press Releases.
Living in a different province, especially during a pandemic, can make it difficult to get involved. However, you can contribute greatly by encouraging local and federal officials to support the rights of Mi’kmaq fishermen. Below is a petition encouraging Prime Minister Justin Trudeau and Premier Stephen McNeil of Nova Scotia to take action. Alternatively, writing to officials like the Premier, the Prime Minister, and the DFO Minister are also effective ways to get involved. “Justin Trudeau Help Nova Scotia Natives Keep Their Right to Fish”.
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