Tag Archives: Marshall Decision
Conflict over new Indigenous lobster fishery continues to smolder amid some progress
Federal conservation officers have seized more than 7,000 lobster traps in the two years since violence flared in Nova Scotia when a First Nation tried to assert a treaty right by fishing out of season. Earlier this month, the Department of Fisheries and Oceans confirmed it had confiscated almost 2,000 traps this year alone, a figure that shows the dispute between Ottawa and some Indigenous fishers has not gone away, despite DFO’s best efforts to keep a lid on tensions. Tim Kerr, DFO’s director of conservation and protection in the Maritimes, said the department has stepped up patrols in the region to ensure safety and compliance with the rules. >click to read< 12:00
Lennox Island treaty lobster fishery gets underway without government approval
Treaty fishers set out following a morning ceremony at the island’s harbour, a week after the P.E.I. First Nation announced it would launch a moderate living fishery without authorization from the federal government. The initial plan was to set 1,000 lobster traps during the first day of the fishery. But Chief Darlene Bernard said they had to lower that target because some of the fishers did not have enough time to prepare. The decision to launch the fishery without the government’s authorization follows two years of negotiations between Lennox Island and the Department of Fisheries and Oceans that broke down last week. >click to read< 10:08
Why Lennox Island First Nation is launching a treaty fishery without federal approval
Prince Edward Island’s Lennox Island First Nation is set to launch its first moderate livelihood fishery, or treaty fishery on Saturday. The fishery is not authorized by the Department of Fisheries and Oceans, after negotiations to reach an agreement were unsuccessful, but the First Nation says it doesn’t have to be. To understand the significance of the decision to proceed without a nation-to-nation agreement in place, it’s important to know the history of the ongoing debate and the unique treaty rights held by the Mi’kmaq as the original inhabitants of the Maritime region. >click to read< 11:13
UFCA President Says Important Days Coming In Court
The group representing 2,000 commercial fishing stakeholders in Nova Scotia and New Brunswick have been granted intervener status in several Indigenous court cases. The latest came in December in a notice of application brought forward by the Sipekne’katik First Nation to the Supreme Court of Canada. The band’s application is against the federal government, challenging their regulation and enforcement of Indigenous fisheries. UFCA President Colin Sproul says these are the most vital court cases since the Marshall Decision. He says the UFCA’s goal is to have one set of rules for all fishers, within established seasons, and they are committed to a peaceful solution with all parties involved. >click to read< More UFCA >click< 14:26
DFO’s Jordan defends government actions during violence over Mi’kmaw fishery – Chiefs say DFO only looking out for non-Indigenous fishers
Despite admitting she hasn’t read the entire Marshall decision, Department of Fisheries (DFO) Minister Bernadette Jordan says her government is committed to implementing the Mi’kmaq Nation’s treaty right to catch and sell fish commercially in their traditional territories across the Maritimes, which the landmark ruling guarantees. >click to read< Mi’kmaw chiefs say DFO only looking out for non-Indigenous fishers – Mi’kmaw chiefs appearing before a Parliamentary committee looking into fishing rights say the Department of Fisheries and Oceans (DFO) is not upholding its treaty obligations and is only looking to appease non-Indigenous fishers rather than implementing Mi’kmaw rights. >click to read< 11:02
Mi’kmaq woman to challenge lobster fishing rules
Cheryl Maloney is gearing up to go lobster fishing. She doesn’t have a commercial licence and she won’t be using one of the food and ceremonial purposes tags she is eligible for as a member of the Sipekne’katik First Nation. What the longtime organizer for indigenous and women’s rights has is a 1999 Supreme Court decision stating that she has the treaty right to make a “moderate livelihood” off the resources the Mi’kmaq traditionally exploited. When she lands her lobster on a South Shore wharf, Maloney plans to invite Fisheries and Oceans Canada and the RCMP to come and watch her sell them. click here to read the story 11:15
