Since September, a group of Mi’kmaq fishers have been catching lobster outside of the commercial fishing season, without commercial fishing licenses. As the commercial inshore lobster fishing season begins in one of the largest and most lucrative fishing areas in Canada, Mi'kmaw fishers who'd typically be … So after several years of failed negotiations, they are coming up with their own solution. (Nic Meloney/CBC) "Twenty-one years is far too long to wait to see rights recognised," he said. On Friday, 37 lobster traps set by the Potlotek First Nation in St Peter’s Bay on Cape Breton Island were seized by Fisheries Department officials (DFO). On March 3rd, 2021, Chief Sack held a press conference to share that a truckload of lobster traps was indeed being returned. News Today || Canada News | As the commercial inshore lobster fishing season begins in one of the largest and most lucrative fishing areas in Canada, VideoThe mid-air walkways saving endangered animals, Eurovision 2021: A joint mission to entertain, US climate envoy criticised for clean tech optimism, The man who took the world on an adventure. Video, The mid-air walkways saving endangered animals, The man who took the world on an adventure. On October 3, 1999, non-Indigenous commercial fishers in 150 boats destroyed hundreds of Mi'kmaw lobster traps, then returned to shore and vandalized fishing equipment, as well as three fish plants. The crowd cut the power and threw a rock through the window, while he called police, he says. Netanyahu says strikes to 'continue at full force', Vaccine passports inevitable, says airport boss, What economists got right (and wrong) about Covid, 'The priceless statues I saw covered in dust and dirt'. Now, Canada's first Mi'kmaq MP is on the inside of federal power, trying to help as the launch of an Indigenous lobster fishery in St. Marys Bay in Nova Scotia meets fierce resistance. It's not just how we survive; it becomes who we are," says Cheryl Maloney, an activist and political science professor at the University of Cape Breton who is the daughter of former chief Reginald Maloney. While these agreements give the nations a certain amount of autonomy, ultimately, DFO says that they are responsible for all fishery management in Canada. Non-indigenous commercial fishermen say the fishery should be shut down, while indigenous fishermen say it is their constitutional right. This mayhem is the latest in an escalating feud between Mi'kmaq fishermen and non-indigenous commercial fishermen that began when the Sipekne'katik First Nation launched its own fishery in September, during the off-season. The Federal Government ordered the Mi'kmaq to reduce the total number of lobster traps used, leaving members of the Burnt Church First Nation with a total of 40 traps for the whole community. In Maine, the lobster capital of the US, there are no seasons, and soft-shelled lobsters are often preferred by diners for their easy-to-crack outer shell and sweeter taste. ", According to the Fish Buyers' Licensing and Enforcement Regulations, under the N.S. Mi'kmaq have inherent rights to practise their traditions and customs, ... Fire destroyed a lobster pound being used by Mi'kmaw fishers in Middle West Pubnico, N.S., on Oct. 17, 2020. Mr Marr accused police of standing by and letting the mob take his lobster. But the Supreme Court ruling in the R v Marshall case made it clear that the government must prove the restrictions are necessary. According to the Mi’kmaq Rights Initiative or Kwilmu’kw Maw-klusuaqn Negotiation Office (KMKNO) — the group that represents the Mi’kmaq in negotiations with the provincial and federal governments — the Mi’kmaq are interested in a self-regulated fishery, governed by Mi’kmaq laws and authorities, with Mi’kmaq harvest and management plans, and with the DFO’s cooperation. Mi’kmaq sell lobster outside N.S. He told reporters close to seven tonnes is being stored right now. The sale is … DFO says it is currently in talks with Sipekne'katik First Nation to come to an agreement over the fishery. The standoff ended when police forced him to leave, he says, and he watched as the men stormed the pound and took his catch, as well as others. Jason Marr, one of the indigenous fishermen stuck inside, said he had moved his lobster there that evening, because he heard there might be a raid at another location. "We encourage the federal government and Mi'kmaq of Nova Scotia to continue this important dialogue about what constitutes a moderate livelihood fishery," the statement reads. Meanwhile, DFO continues to fine or arrest indigenous fishermen for fishing in the off-season. What that means practically was never addressed in the regulations, leaving a grey area that has yet to be resolved to this day. Audience Relations, CBC P.O. Mi'kmaq stay ashore as commercial lobster season opens in largest N.S. The UN Security Council is holding an emergency meeting as mediators try to broker a ceasefire. He explained the lobster has been blacklisted after the band launched the moderate livelihood fishery on Sept. 17. Hard-shell lobsters transport better, which means fishermen can sell more of them. But he says the government needs to step in and enforce off-season rules for the sake of the lobster population. he told the BBC. Across the region, the Mi'kmaq took issue with a provision that would only sanction their fisheries if they took place during the existing commercial seasons. Sipekne'katik is already preparing to set up a retail store on reserve land near Halifax, Sack said, and if the Mi'kmaq are unable to establish a new market for their fishers they will prepare to establish their own seafood industry. "We're a little bit stuck at the moment," Sack said. Before his death in 2014, her father fought for the community's fishing rights and witnessed the upheaval after R v Marshall. "It's a big step forward for us to support our Mi'kmaw fishers," said Sipekne'katik Chief Michael Sack. Meanwhile, the Sipekne'katik have inspired other First Nations to start their own fisheries. It is mentioned to be the primary of its variety within the province. Between 2016-2018, lobster caches declined about 4% in the province, although there's no clear indication of why. Closed Captioning and Described Video is available for many CBC shows offered on CBC Gem. Derek Thomas, a commercial fisherman for over 25 years, condemns the violence. The non-indigenous fishing industry has been a vital part of the province's economy since it was settled by British and French colonists in the 1600s. TORONTO -- One summer morning in 1993, Mi’kmaq fisher Donald Marshall Junior loaded up a small boat with fishing gear and set off into the cold waters off Cape Breton to catch eels. Fisheries and Coastal Resources Act, it is prohibited for anyone in Nova Scotia to buy fish from "a person who does not hold a valid commercial fishing licence issued by Fisheries and Oceans Canada. Mr Thomas says fishermen have "frustration boiling over" after years of deteriorating stocks. legislature as tensions rise October 16, 2020, 7:33 p.m. All was quiet at first, but soon he says he was surrounded by about 200 men. Listuguj Chief Darcy Gray takes issue with DFO's refusal to issue licence conditions consistent with their fishery management plan, which allows a small commercial aspect to the fall fishery that otherwise would only be for food, social and ceremonial purposes. Members of Potlotek First Nation launched their moderate-livelihood fishery on 1 October, which is known as Treaty Day. Marr believes he's had Mi'kmaw-regulated traps seized recently by DFO, though he said they have not contacted him to confirm it. But restricting lobster fishing during molting season is not the only way to protect the lobster population, says Robert Steneck, a professor of oceanography who researches lobster populations at the University of Maine's School of Marine Sciences. There were also four non-indigenous men inside with them, who worked at the pound. In a small warehouse on the southern tip of Nova Scotia, near Yarmouth, two indigenous fishermen found themselves trapped with nowhere to go when an angry mob raided the lobster pound where they had stored their catch. How do you convince people to have babies? "It wasn't like we just came down and put traps in the water," Chief Michael Sack told the BBC. Shortly after the R v Marshall decision, many indigenous fishermen took to the water in the off-season and fights broke out along wharfs in Quebec, New Brunswick and Nova Scotia. Sack said Mi'kmaw leaders in N.S. "Our community will benefit big time from a processing plant … packaging seafood, branding it with our own name, and sending it across the world.". "They were pounding on the door, screaming obscenities, 'give us the lobster'!" The Mi’kmaq will have full ownership of Clearwater’s coveted offshore fishing licences, which allow the harvest of lobster, scallop, crab and clams in a massive tract of ocean known as LFA 41. Sipekne'katik First Nation had issued licenses and lobster trap tags to seven Mi’kmaw harvesters under its Mi'kmaw-regulated fishery. As the commercial inshore lobster fishing season begins … "Regulations are designed to prevent over-harvesting and to maintain a sustainable fishery, it is all we want for our communities.". We're just here to make our plan official and get moving and growing in the lobster industry. For decades, the Mi'kmaq say the government has failed to enforce that ruling. The BBC is not responsible for the content of external sites. Source: Department of Fisheries and Oceans, The mid-air walkways saving endangered animals. After a long time of differing opinions with authorities officers on First Nations’ proper to earn a “average livelihood” whereas fishing, a Mi’kmaw neighborhood in Nova Scotia has launched its personal Mi’kmaq-regulated, rights-based lobster fishery. Commercial seafood buyers in Nova Scotia declined to speak with CBC News. "We're looking for the government to work with us, and if they don't we'll take a different approach.". The latest photographs and video footage out of Nova Scotia displaying non-Indigenous fishermen protesting in opposition to Indigenous fisherman — yelling racial slurs and damaging property — look all too acquainted to Sumas First Nation elder Lester Ned. Non-Indigenous fishers negatively reacted to off-season fishing activities of a self-regulated Indigenous lobster fishery, … Box 500 Station A Toronto, ON Canada, M5W 1E6. Tensions over N.S. "Wear [the Mi'kmaq] down. Three days later, the … But Mr Sack says that shortly after launching the fishery, they became subject to threats and sabotage, which culminated in the raids on two lobster pounds this week. The Mi'kmaq are putting up $250 million for their share of the purchase, which gives them control of Clearwater's Canadian fishing licences, including shrimp, snow crab, scallop and offshore lobster. Clearwater is North America's largest producer of shellfish and holds Canadian harvest licences for a variety of species, including lobster, scallop, crab and clams. Fishermen haul up, … The Mi'kmaq reject that claim, arguing their right to fish for a moderate livelihood was affirmed by the Supreme Court of Canada in 1999. "Frankly I don't think it really makes a difference," he says. (Taryn Grant/CBC) These men are on opposite sides of the dispute over the Mi’kmaw lobster fishery. VideoThe 'tuk-tuk ambulance' helping Covid patients, Deaths mount in Gaza as UN meeting begins1, Vaccine passports inevitable, says airport boss2, 'The priceless statues I saw covered in dust and dirt'3, Tom Cruise signs shirts for Covid-hit football club4, US climate envoy criticised for clean tech optimism5, Taiwan orders toughest curbs amid Covid spike6, Israel-Palestinian conflict claims fact-checked7, Tiger's eye saved in 'world first' operation8, The Israel-Palestinian conflict explained9, 'Flying giant' returning to Ireland after centuries10. A project called Apoqnmatulti’k — Mi’kmaq for “we help each other” — hopes to protect American eels, American lobster and Atlantic tomcod on the ancestral lands of the Mi’kmaq. The Mi'kmaw community in Nova Scotia that recently launched its first self-regulated lobster fishery is now pushing the province to change laws restricting non-Indigenous fish buyers from doing business with the First Nation. "I don't think anybody likes the violence, and I don't think anybody denies their rights. Governance gaps trouble Mi’kmaq rights Our research identified a number of gaps in governance that have contributed to the lobster fishery situation we have today. Middle West Pubnico: An angry mob of about 200 people attacked a lobster storage pound on Oct. 13, barricading Mi’kmaq fishers inside, pelting the building with rocks, destroying one of their vans and leaving their lobster strewn across the ground. Sipekne'katik's frustration around the inability for non-Indigenous consumers to buy the lobster is mirrored by the Listuguj Mi'gmaq First Nation in Quebec, which is in its second year of similar self-regulated fishery. The dispute relates to interpretations of R v Marshall, a 1999 Supreme Court of Canada ruling upholding the Halifax Treaties, empowering Indigenous Canadians the right to fish. Mi'kmaq tackle decades-old standstill on fishing rights with historic, self-regulated lobster fishery, Listuguj impatient with failure to define 'moderate livelihood' in fishery, Mi'kmaw community says rights-based fishery regulations rival those of DFO, recently launched its first self-regulated lobster fishery, in its second year of similar self-regulated fishery, CBC's Journalistic Standards and Practices. The Royal Canadian Mounted Police charged one man on Sunday with burning a car at the lobster pound near New Edinburgh. During the molting, their shells are soft, and they are easily hurt and killed. The community sent a letter to Nova Scotia Premier Stephen MacNeil and Minister of Fisheries and Aquaculture Keith Colwell calling for the government to meet with Sipekne'katik officials and discuss remedying the situation, but there is confusion over which level of government has jurisdiction. Federal Public Safety Minister Bill Blair said more police officers would be sent to the area to "maintain the peace". fishing area. But the Mi'kmaw have been fishing the region's waters for centuries before. "For this to resolve I think the federal government has to try and take this seriously," Ms Metallic says. If there's one thing both sides can agree on, it's that DFO is failing at its job. This is not the first time indigenous fishermen have clashed with non-indigenous commercial fishers. This was captured and documented in the 2002 National Film Board feature-length documentary Is the Crown at war with us? The commercial fishers believe DFO has the right to stop fishing in the off-season to protect the lobster stock. Last week, Prime Minister Justin Trudeau urged both sides to keep the peace, but acknowledged the government needed to help resolve the issue fairly. A whole lot of Mi’kmaq from throughout the […] "As discussions are ongoing, no further details can be offered at this time," a spokesperson for the DFO told the BBC in a statement. News Today || Canada News | After decades of differing opinions with government officials on First Nations' right to earn a "moderate livelihood" while © 2021 BBC. In Canada, the Department of Fisheries and Oceans (DFO) only allows lobster fishing during distinct seasons, timed to coordinate with the lobster's molting schedules, which is when lobsters shed their shell and grow another one. On the left, a commercial fisherman with an Acadian flag, on the right a supporter of Sipekne’katik’s new rights-based fishery, holding the Mi’kmaw flag. Questions from CBC News to the Department of Fisheries and Oceans [DFO] on the Mi'kmaw proposal were directed to the provincial government. At this point in time, we're not here to negotiate. Between 2000-2007, the government spent C$354m on commercial fishing licences, fishing vessels, gear, and training to give to 32 First Nations that had signed individual agreements with them. The Sipekne'katik fishery has issued 11 licences, with the right to carry 50 traps each. The Mi'kmaw believe the government needs to protect their rights and stop the commercial fishermen from sabotaging their traps. "We already gave up 21 years of lost income, the betterment of life for our people. The 2020 Mi'kmaq lobster dispute is an ongoing lobster fishing dispute between Sipekne'katik First Nation members of the Mi'kmaq and non-Indigenous lobster fishers mainly in Digby County and Yarmouth County, Nova Scotia. And while the Sipekne'katik continue to fish for lobster, they still can't legally sell it, as the province bans people from purchasing lobster from a fisherman without a DFO licence. Video, The man who took the world on an adventure, The 'tuk-tuk ambulance' helping Covid patients. "Really it would be trivial, in my view, by almost any standard," he says. Having fished lobster in the area for over two decades, Marr said he sees a pattern of mistreatment toward Mi'kmaw fishers by DFO, non-Indigenous fishers and fishing service providers. by Alanis Obomsawin. She is closely watching the situation in St. Mary's Bay, N.S., where a Mi'kmaq First Nation has launched a lobster fishery and white fishermen have been protesting. Mi'kmaq lobster fishery escalate October 14, 2020, 7:01 p.m. A group of commercial non-Indigenous fishermen confront Indigenous lobster fishers at a … Arrests as tempers flare in Canadian lobster feud, The conflict that brought Canada's rails to a halt, Deaths mount in Gaza as UN meeting begins. But in 1999, the Supreme Court of Canada issued a landmark ruling making it clear that the Mi'qmaq and Maliseet people had the right to not just sustain themselves by hunting and fishing, but to earn a "moderate livelihood", even in the off-season. Sipekne'katik First Nation introduced its Trade and Transport regulations today for Mi'kmaw fishers to legally sell seafood harvested under the right-based fishery to Mi'kmaw and non-Indigenous consumers and seafood wholesalers. In both raids, police gathered outside but made no arrests on site. The pandemic has also cut into lobster exports to the lucrative Chinese market. ($1.05bn; £820m). The department currently has negotiated three such agreements with other First Nations, the Elsipogtog and Esgenoôpetitj First Nations in New Brunswick and the Maliseet of Viger First Nation in Quebec. In Maine, the lobster capital of the US, there are no seasons, and soft-shelled lobsters are often preferred by diners for their easy-to-crack outer shell and sweeter taste. Operating outside of the province's commercial lobster fishery, the Sipekne'katik First Nation plans to make their lobster fishery a test case, issuing just 11 licences, with the hopes of collecting data towards making the operation sustainable in the years to come. While Sipekne'katik is willing to work with seafood buyers from the existing commercial fishing industry, Sack said, until an agreement is reached with governments, there are few places for Mi'kmaq to sell their lobster. In LFA 34, the regulatory name for the body of water near St Mary's Bay, where the indigenous lobster fishery is located, there are 979 lobster licences, and each licence is allowed to carry about 375-400 traps during the season. "Prosecuting people and letting non-indigenous people cut traps and destroy boats - I don't think is a very effective way of addressing the situation," she says. The court defined "moderate livelihood" as a living that provided for "necessities" like food and shelter, but not the "accumulation of wealth". A fight over indigenous fishing rights that's been decades in the making has come to a head in Nova Scotia, the epicentre of Canada's billion-dollar lobster industry. VideoThe man who took the world on an adventure, Lost languages: 'I couldn't talk to my grandmother', The 'tuk-tuk ambulance' helping Covid patients. The government promised the agreements would not replace their treaty rights, but negotiations on how to fully implement the Marshall decision have stalled for years, she says. Read about our approach to external linking. Ms Metallic notes that First Nations in the region have been asking the government to implement their rights for years and Canada has been "dragging its feet". Read about our approach to external linking. "You do have more mortality of soft-shell lobsters if you're going to use them for distribution - but if it's for domestic consumption it doesn't matter that much," Mr Steneck say. are expected to meet with DFO Minister Bernadette Jordan next week to continue discussions about the fishery, and a spokesperson for Jordan said the jurisdictional issues will be addressed. A few hours earlier, a similar raid had been carried out at a lobster pound near New Edinburgh, where a car was burned. Days later, early Saturday morning, the lobster pound burned to the ground in what police are calling a "suspicious" fire. Earlier, … Luc Leblanc, a spokesperson for the Maritime Fishermen's Union, did not respond to a request for comment. (Robert Short/CBC) The Mi'kmaw community in Nova Scotia that recently launched its first self-regulated lobster fishery is now pushing the province to … department of Fisheries and Aquaculture said the regulations "rely on DFO's authority and responsibility to manage the fishery and identify what are legal, licensed fisheries.". In 1999, the Supreme Court of Canada upheld the Mi’kmaq have a treaty right to hunt, fish and gather to earn a moderate livelihood, known as the Marshall decision. ", Sack said the regulations are a "direct infringement" on rights of both Mi'kmaq and non-Indigenous people in Nova Scotia, and must be amended to "reflect the current constitutional laws in Canada.". The mid-air walkways saving endangered animals. Some Mi'kmaq resisted this, claiming that they already have conservation methods in place to ensure the lobster stock would not be depleted off the Atlantic coast . For centuries, the treaty and others like it were ignored. "I didn't know if they wanted to kill me or whatnot... they said they were going to give us until midnight or they were going to burn us out," Mr Marr said. The government does have the right to regulate indigenous fishing in order to protect conservation efforts. Canada is the largest supplier of lobsters in the world, and Nova Scotia is responsible for harvesting about half of the country's C$1.4bn of lobster. Like now, the non-indigenous fishermen said they were concerned about the effect that off-season fishing would have on the lobster population. In an emailed statement, the N.S. It was the same day that Bernadette Jordan, the Minister of Fisheries, Oceans, and the Coast Guard, announced that Canada would not respect Mi’kmaq fishing rights and the Mi’kmaq regulated treaty fishery. But rather than implement their treaty rights, the agreements simply "cut off a little slice" of the commercial fishery, says indigenous law professor Naiomi Metallic, who teaches at Dalhousie University. The roots of this discord go back over 250 years to the Peace and Friendship Treaty of 1752, which promised Mi'kmaq the right to hunt and fish their lands and establish trade. (Eric Woolliscroft/CBC) ... Public safety minister is asked if police are failing the Mi'kmaq in N.S. Mr Sack was assaulted last week and a man has been arrested. HALIFAX — A timeline of major events in the conflict between Mi'kmaq and non-Indigenous commercial fishers in southwest Nova Scotia. The scale of the fishery matters, Mr Steneck says, and the impact that a small fishery like the one organised by the Sipekne'katik First Nation would have limited effect on total populations. It is a priority for CBC to create a website that is accessible to all Canadians including people with visual, hearing, motor and cognitive challenges. Mr Marr says he saw men urinate on his car and slash his tires. "We are so deeply connected to the land, the river, the water, the resources. But enough is enough already," he told the BBC. Video, The 'tuk-tuk ambulance' helping Covid patients, Tom Cruise signs shirts for Covid-hit football club, Taiwan orders toughest curbs amid Covid spike, Israel-Palestinian conflict claims fact-checked, Tiger's eye saved in 'world first' operation, The Israel-Palestinian conflict explained, 'Flying giant' returning to Ireland after centuries, Police make arrests as lobster feud flares, The pandemic has also cut into lobster exports, The Wet'suwet'en conflict disrupting Canada's rail system. 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