The Epekwitk Assembly of Chiefs has denounced the Department of Fisheries and Oceans Canada (DFO) decision to regulate the moderate livelihood fisheries, in particular the choice to only allow fishing within commercial seasons.
The actions of the federal government and DFO mislead the public and call into question the honour of the Crown, said Chief Junior Gould of the Abegweit First Nation in a statement Thursday, following the federal announcement.
“DFO’s continued paternalistic approach to our rights-based fishery goes against the very spirit of reconciliation and many of the principles set out in the minister’s statement are blatantly unconstitutional and in direct conflict with the law.”
Federal Fisheries Minister Bernadette Jordan announced DFO’s decision to restrict moderate livelihood fisheries to commercial seasons and that the fishery will be conducted under licences issued by her department.
Lacking evidence
Jordan cited conservation as a reason for the decision, which isn’t the case, said Gould.
“To imply that this approach is based on conservation purposes is false. We haven’t seen any data or evidence to support this.”
P.E.I. Sen. Brian Francis — former chief of Abegweit First Nation — also released a statement, saying the decision isn’t backed up by DFO’s own research.
"Moreover, even if conservation was a real issue, it is the privilege-based commercial fishery that should be regulated first.”
Francis also said the regulations ignore recommendations made by the three Mi’kmaw parliamentarians — himself, Sen. Dan Christmas and MP Jaime Battiste — in a letter to Jordan in September.
“It is disappointing that our efforts to work collaboratively and creatively towards a lasting resolution were so quickly dismissed in favour of the status quo of unfulfilled promises.”
He worries this could lead to more hostility and violence against Mi’kmaq fishers.
The Marshall decision:
• The 1999 Supreme Court decision affirmed the rights of the Mi’maq and Maliseet to a moderate livelihood fishery, though moderate livelihood has yet to be defined by the federal government.
• It also allowed the minister of fisheries to regulate the moderate livelihood fisheries on the grounds of conservation, through consultation with the Mi’kmaq.
Blindsided
The announcement took Chief Darlene Bernard of the Lennox Island First Nation by surprise as she was part of a roundtable discussion with Jordan only the day before, she said in the Epekwitk Assembly statement.
“This is not what nation-to-nation decision-making and respect for self-governance looks like. It’s also very ironic that this government speaks so passionately about respect for the rule of law but has no problem flagrantly violating those principles, as Minister Jordan did yesterday.”
Speaking with The Guardian on March 2, Prime Minister Justin Trudeau said talks were ongoing with the Mi’kmaq.
Not acceptable
Thursday’s decision doesn’t change plans to launch their own fishery, Bernard said.
“We have been clear that we will be implementing our treaty protected fishery (moderate livelihood fishery) as early as this spring and that it may or may not be within commercial seasons.”
In P.E.I., commercial lobster seasons run from May until the end of June, then from August until October.
The Epekwitk Assembly of Councils joins the Assembly the Nova Scotia Mi’kmaw Chiefs in declaring to the Department of Fisheries and Oceans Canada’s (DFO) decision as unacceptable.
Next month, L’nuey will be launching a provincewide education campaign on the treaty protected fishery.
- With files by Michael Robar
