About 100 pounds of lobster caught by Mi’kmaq fishers were peacefully sold in front of the provincial legislature in Halifax on Friday, a stark contrast to weeks of violence and tension between Indigenous and non-Indigenous fishers in southwestern Nova Scotia.
Dozens lined up on Hollis Street to purchase live lobster from Cheryl Maloney, a Mi’kmaw activist who organized the lobster sale, as well as other members of the Sipekne’katik First Nation.
“I dare them to arrest us and I dare them to arrest our members who are fishing and selling,” said Maloney.
“I don’t think they can do it and I think a clear message needs to be sent to the angry commercial fishermen who are saying this is illegal. Today is a clear indication that it is not illegal and Nova Scotians support the sale of Mi’kmaw lobster.”
Provincial regulation challenged
The sale and purchase of lobster caught without a licence from the federal Department of Fisheries and Oceans is considered illegal under Nova Scotia’s Fisheries and Coastal Resources Act.
But Indigenous fishers say the legislation is an infringement of their treaty rights and inconsistent with a 1999 Supreme Court ruling that recognized First Nations’ rights to catch and sell lobster to earn a “moderate livelihood,” a term which was never defined.
“That legislation and that Act has to be amended or changed or challenged,” said Maloney, adding members of her band asked the province two weeks ago to review the regulation.
In an email statement, provincial Fisheries and Aquaculture Minister Keith Colwell said before looking at provincial regulations, there needs to be an answer from DFO to the question of what constitutes legal harvesting under a moderate livelihood fishery.
“That’s the first step because Nova Scotia’s regulations for fish buyers rely on the federal Department of Fisheries and Oceans’ authority and responsibility to manage the fishery and identify what are legal, licensed fisheries,” he said.
‘We’re just here to try and do our part’: Supporters
According to Maloney, the lobster sold outside of Province House was caught by moderate livelihood fisherman Jason Marr and his daughters.
Marr previously told The Chronicle Herald he was attacked by commercial fishermen in a raid at Middle West Pubnico Tuesday evening, forcing him to trap himself inside a lobster pound while the fishermen vandalized his vehicle and demanded he destroy the lobster he caught that day.
“I’m quite proud that their lobsters are the ones being sold here in front of Province House,” said Maloney.
Alan Collins and his wife Violet Rosengarten showed up to buy a lobster and support the Mi’kmaq fishers.
“We’re just here to try and do our part,” said Collins.
“I support Mi’kmaq rights and I think this is a case of systemic racism against Mi’kmaq people.”
Another supporter, Deedee Slye, came with a sign that read “1752” in reference to the 1752 Peace and Friendship Treaty that was signed by the Mi’kmaq people in eastern Nova Scotia and the province’s governor at the time.
“We’re on unceded territory and people who were here before we were have the right to their land. They never gave it up,” said Slye.
“I’m living on their land so I really appreciate all that they’ve done to support settlers. … It’s time now to respect them, at the very least.”
Demonstrators outside Bridgewater call on DFO to take action
Hours later, a crowd of more than 100 people gathered outside federal Fisheries Minister Bernadette Jordan's office, to demand that the federal government take “immediate action” to condemn the violence against Mi'kmaq fishers and defend their treaty rights.
“We’re here as treaty people and as people who support Mi’kmaq rights and treaty rights to ask that the government, especially Bernadette Jordan, step up to end the violence that’s occurring,” said Jessika Hepburn, one of the organizers of the demonstration. Hepburn also ran against Jordan in the federal election in 2019 for the South Shore-St. Margarets riding.
The Chronicle Herald reached out to Jordan for comment, but was told she was not available for an interview on Friday.
In a statement, Jordan said she is “appalled” by the reported events in Digby County and “strongly” condemns the actions of every individual who destroyed property, committed violence, or uttered threats.
She added she is “particularly disturbed to hear reports of racist comments and actions made towards First Nations peoples” and is calling on everyone involved to “take a step back and bring calm and understanding to the situation.”
“Our government is seized with the issue, and we will continue to work with both First Nations and industry leadership to find a path forward. Our conversations to date have been positive, and we must ensure they continue that way. Progress cannot be made if individuals resort to violence,” said Jordan.
‘We’ll be back’
When describing the vandalism and violence that she’s witnessed in southwestern Nova Scotia in recent days and weeks, Jolene Marr, who stood by Maloney’s side throughout the lobster sale, used one word: “terrifying.”
“From a grandmother’s perspective, from a mother’s perspective, terrifying, to think this could be my children in 20 years’ time if we don’t fix it now. The acts of terrorism, the hate crime, the racial profanity, in words, in writing, is just beyond me,” she added.
After the hour-long lobster sale, Marr said the support her community is receiving from Nova Scotians “is just amazing.”
“There’s no words. And we’ll be back,” she added.
