National Chief Bellegarde urges Ottawa to rethink Mi'kmaq fisheries decision

The national chief of the Assembly of First Nations is demanding the federal government restart talkson the Mi'kmaq fishery in Nova Scotia after the Department ofFisheries (DFO) announced it will not issue fishing licencestoFirst Nations in Atlantic Canada outside of the commercial season.

In a letter sent to Prime Minister Justin Trudeau on Thursday,National Chief Perry Bellegarde expressed outrageover DFO'srecentdecision, which sides with a key demand from thecommercial fishing industry.

"I urge you and the entire federal cabinet to reconsider this mandate and to return to good-faith negotiations," Bellegarde wrote in a letter obtained by CBC News.

"It is only through continued peaceful negotiations that your government will reach agreements with First Nations on a nation-to-nation basis."

On Wednesday, federal Fisheries Minister Bernadette Jordan released a plan outlining conditions for Indigenous lobster fishermento participate in moderate livelihood fisheries during commercial seasons.

Indigenous fishermenin Nova Scotia argue that a 1999 Supreme Court of Canada decision affirms the Mi'kmaq treaty right to fish for a so-called "moderate livelihood'' when and where they want even outside the federally regulated commercial fishing season.

A dispute over treaty rights-based fishing sparked violence last fall when the Sipekne'katik First Nationlaunched its own self-regulated 'moderate livelihood' lobster fishery in St. Mary's Bay, N.S., outside of the commercial season. The move sparked backlash fromsome fishermen, who called itunfair and bad for conservation.

Several other First Nations in the East Coast followed Sipekne'katik by launching their own moderate fisheriesciting the1999 Supreme Courtdecision.

Thatruling affirmed the right of the Mi'kmaq to earn a "moderate livelihood" from fishing, but did not define the term.The high court later saidthe federal government could regulate that fishery, butmust justify any restrictions. Jordan cited that ruling to explain her authority.

"The Supreme Court clearly stated 'treaty rights are subject to regulation provided such regulation is shown by the Crown to be justified on conservation or other grounds of public importance,'"Jordan wrote in a statement.

Ottawa imposed policy, says chief

Bellegarde said Jordan has "badly mismanaged'' thefileand should formally withdraw her statement."The heavy handedness by Minister Jordan was uncalled for," Bellegarde wrote.

He accused the government of failing to meaningfully consult with the Mi'kmaq by imposing a policy on First Nations. And hedescribedthe DFO's statement that it would follow withincreased federal enforcement on the water "overtly hostile actions."

Bellegarde wrote the move was contrary to the government's public commitments to uphold the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which affirms the rights of Indigenous Peoples to self-determination and to their language, culture and traditional lands.

The Liberal government has introduced legislation that will begin the process of bringing Canadian law into alignment with the declaration.

Sen.Brian Francis of Prince Edward Islandissued a statement on Thursday saying Jordan's decision would do little to heal and repair the relationship between Canada and Indigenous peoples.

"It will also not reduce the potential for hostility or even violence against the Mi'kmaq but rather increase the surveillance and policing of our fishers and communities," Francis wrote.

"I am left deeply troubled and concerned that the Mi'kmaq and/or other First Nations will be forced to once again resort to the courts to ensure our rights are honoured. That, to me, is not how we achieve real reconciliation."

WATCH | Ottawa says 'moderate livelihood' fishery must use commercial season:

Moderate livelihood fishery must use commercial season, federal government says

4 years ago

Duration 1:56

Indigenous leaders in Atlantic Canada are outraged after the federal government authorized an Indigenous moderate livelihood fishery in Nova Scotia, but only if it fishes within the commercial season. Leaders of the Sipekne'katik First Nation say they will continue to defend their treaty rights.

Francis also expressed disappointment that Jordan dismissed an attempt by him and two other Mi'kmaw parliamentarians Sen. Dan Christmas and Liberal MP Jaime Battiste to work together on a solution. Last fall, the parliamentarians recommended Jordan createan Atlantic First Nations Fishing Authority to advance and protect treaty rights, which Jordan indicated she was open to exploring.

DFOoffering pathway to sell lobster

The federal government is still working with First Nations to develop moderate livelihood fishing plans.

DFO is offering Indigenous fishermen in Nova Scotia a pathway to sell lobster harvested in a moderate livelihood fishery.Right now, that catch does not have DFO's stamp of approval. Without authorization, they can't legally sell their catch to licencedbuyers, such as lobster pounds and processors.

Communities that accept DFO's proposalwill receive a moderate livelihood licence that will allow them to sell catch this season. Under provincial rules, only fish products harvested under federal commerciallicences can be purchased by shore processors.

The federal government "will balance additional First Nations access through already available licences and a willing buyer-willing seller approach, protecting ... Stocks and preserving the industry for generations to come," Jordan's statement said.

Ottawa has already spent half a billion dollars integrating Indigenous bands into the commercial fishery through licence buy-backs and training,but itnever defined moderate livelihood.

Sipekne'katik Chief Mike Sack urged Mi'kmawbands in Atlantic Canada to reject Ottawa's position and said his community's fishery will continue to operate outside DFO seasons.

"They're trying to divide and conquer and throw a carrot to a band or two and have them sign and just hurt everybody's case," Sack said.

"I hope that no other communities do sign."