Nova Scotia Premier Stephen McNeil
A letter from Nova Scotia Premier, Stephen McNeil.
Like so many Nova Scotians, members of my government and I are concerned about the ongoing dispute between Indigenous and non-Indigenous fishers in Southwest Nova Scotia.
The Supreme Court of Canada has ruled that the Peace and Friendship Treaties provide the Nova Scotia Mi’kmaq the right to harvest and sell fish, wildlife, and wild fruit and berries to provide a moderate livelihood.
The province recognizes and supports the legal, constitutional Aboriginal and treaty rights of the Mi’kmaq, and while many of the details surrounding the nature and extent of those rights are not clear, clarification is best addressed through open and respectful dialogue.
Nova Scotia Mi’kmaq are working as a Nation to determine what is required to implement those treaty rights, what it means, what it looks like and what rules should be put in place.
It’s good that the federal fisheries minister continues to speak with interested parties regarding this latest fishing dispute in southwest Nova Scotia. It is essential to find a path forward and that can only happen if all sides come together in a respectful and constructive way.
Discussions continue within communities and with the province on topics such as wildlife and forestry through the Made in Nova Scotia negotiation process.
Meanwhile, the province of Nova Scotia and the Mi’kmaq have entered into a number of interim collaborative management agreements, including moose population management and a forestry initiative.
Our objective is to have a safe and enjoyable moose hunt for Mi’kmaq and licensed hunters.
Any potential disruption of the legal moose hunt will be jointly addressed. While we respect the right for peaceful protests, it is illegal to interfere with a lawful hunt.
Always The Same Fight
Treaty rights in Nova Scotia included the rights for First Nations to hunt and fish whenever they wanted to. They were never limited by season. Since that time, the government continues to pick away at the rights they bargained for. Now they come with increased stipulations.
Donald Marshall Jr. was charged with three offences pursuant to the Fisheries Act and Fishery Regulations in August, 1993:
- The selling of eels without a licence;
- The fishing without a licence; and
- The fishing during the close season with illegal nets.
What followed is considered a landmark case that establishes First Nations right to fish and hunt. Added to it, they were to be allowed to support themselves and family this way by what was called a “moderate living.” “Moderate living” wasn’t defined. Therefore, it’s up to interpretation to define it. This opens the door for further disputes as we see now.
The court will no doubt impose further restrictions on this right, and limit it some more. See:
Commercial fishermen rally in Digby over Mi’kmaw fishery
Holly Amirault, who works in the seafood industry and is married to a fisherman, said some licences held by bands are leased to non-Indigenous people.
“What we’re seeing is it’s non-Native fishermen that are running the boats. The people who should be on the boats aren’t. So the wealth is spread to very few people, not to the rest of the bands,” Amirault said.