(File photo/ paNOW Staff)

By Nigel Maxwell

Solidarity

PAGC encourages Ottawa to settle Nova Scotia fishery dispute

Oct 27, 2020 | 5:00 PM

The plight of Mi’kmaq fishers in Nova Scotia has hit close to home for Prince Albert Grand Council (PAGC) and so now executive council is joining the chorus of voices denouncing the violence and calling on the federal government to intervene.

Sipekne’katik opened the self-regulated St. Marys Bay fishery last month, saying their fishers were exercising the treaty right of East Coast Indigenous communities to fish for a “moderate livelihood,” as confirmed by the Supreme Court of Canada in 1999.

However, a subsequent clarification of the court’s decision also affirmed Ottawa’s right to regulate the fishery to ensure conservation of the resource. And commercial fishermen say the Indigenous fishermen are threatening their livelihoods by trapping the crustaceans outside the federally regulated lobster season.

In the days that followed the opening of the fishery, the Mi’kmaw fishers have been met with confrontation, violence, and intimidation. Storage facilities being looted and lit on fire, their lobster traps cut, gear stolen, and over 100 commercial boats in an attempt to block Mi’kmaw fishermen’s access to the waters. In a statement, PAGC Grand Chief Brian Hardlotte expressed his concern by the lack of what he referred to as decisive action by the federal government.

“We are calling for the immediate peaceful resolution to this matter in order to restore confidence in our efforts to enter into agreements that recognize our Treaty, inherent and s. 35 constitutional rights,” he said.

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Hardlotte goes to explain that in Saskatchewan, Treaty Inland Fishers have been subjected to provincial regulations without consideration of their inherent and Treaty right to fish.

“One of PAGC’s ongoing concerns is over the 1936 Natural Resource Transfer Agreement (NRTA) where the provincial government wants to legislate Treaty and has intentionally pushed off the First Nation commercial fishers from lakes in favour of the outfitters who have been the ones to reap profit at the expense of our livelihood,” he said.

PAGC’s leadership is currently in the process of working with the Department of Fisheries and Oceans to establish a fish and fish habitat protection program for the northern regions of Saskatchewan. Through these efforts, PAGC executive council believe they can ensure that First Nations will continue to exercise their Treaty and inherent right to protect the resources for future generations.

“The Treaty right to fish for a moderate livelihood was affirmed been by a Supreme Court of Canada in its 1999 Marshall Decision. Failure to enforce this ruling is a blatant disregard for rule of law and the democratic principles of the Canadian Constitution,” PAGC Vice-Chief ChristopherJobb said. “PAGC calls on all First Nations in every Treaty territory across Canada to stand in solidarity with the Mi’kmaq and demand the RCMP and federal government to act to ensure the safety and security of the Mi’kmaq.”

Mediator appointed

Late last week a Nova Scotia university president was appointed as Ottawa’s special third-party representative.

Allister Surette said he will be listening carefully to the concerns of the treaty nations whose rights were affirmed in Supreme Court of Canada decisions, as well as to stakeholders in the fisheries sector.

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panews@jpbg.ca

On Twitter: @princealbertnow