National Post (National Edition)
LOBSTER WARS: `WE'RE NOT LEAVING THE BAY UNTIL EVERYONE LEAVES THE BAY.'
STAND-OFF TESTS COURT DECISION THAT AFFIRMED INDIGENOUS PEOPLE'S RIGHT TO FISH
Astandoff over lobster fishing in Nova Scotia is testing a 21-year-old Supreme Court decision that affirmed Indigenous people's right to fish, with both sides calling on the federal government to get more involved.
The standoff reached a crisis point this weekend as commercial fishers pulled Indigenous set lobster traps, from the waters of St. Mary's Bay, near Saulnierville, N.S., about three hours west of Halifax.
Colin Sproul, president of the Bay of Fundy Inshore Fishermen's Association, said the Indigenous set traps are illegal and are devastating the lobster population.
“St. Mary's is an incredibly important lobster spawning ground, where lobsters conduct their reproductive life cycle through the summertime and that spawning ground is being destroyed.”
Indigenous fishers said they intend to return their traps to the water as soon as Monday evening, but Sproul said his members will stand in the way of that.
“We're not leaving the bay until everyone leaves the bay.”
The dispute has a direct connection to the 1999 Supreme Court decision in the case of Donald Marshall Jr., an Indigenous man accused of illegally fishing for eels. The court found Marshall and other Indigenous people had a treaty right to fish for a “moderate livelihood.” The term moderate livelihood has never been specifically defined and negotiation between Mi'kmaq Indigenous leaders and the federal government on the shape of the fishery have been taking place since the decision.
The Supreme Court said some restrictions could be put in place for conservation, but generally said Indigenous people had a right to fish.
Rhonda Knockwood, director of operations with the Sipekne'katik First Nation, said they're attempting to live that right by setting up their own regulated fishery. She said the traps they placed in the water were meant to give them information about the health of the fishery, so they could set limits and guidelines.
“We need to collect the data about our fishery management and right now, we don't have any data because the commercial fishermen have cut our lines,” she said.
The federal government has spent hundreds of millions of dollars since the Marshall decision buying commercial licences and turning them over to Indigenous communities, as well as providing financial support for training and equipment purchase.
Sproul said commercial fishers don't dispute that Indigenous people have the right to fish, but they believe there have to be limits.
He said Indigenous leadership have leased the licences the federal government purchased to commercial fishers, cutting their own people out of the catch. He said the federal government has to take responsibility and enforce the rules for the health of the entire industry.
“We hope to demonstrate to the Canadian people that our fight isn't with Indigenous fishers, that our fight is with the federal government,” he said.
On Monday, the commercial fishers switched tactics and staged a large protest outside the home of someone they believe is buying from the Sipekne'katik boats. Sproul said even though the catch numbers are low, people buying lobsters caught outside of the regulated season are putting the broader industry in peril.
“They're stealing from our communities and from First Nations at the same time. And today, we take our arguments to them and let them know that we won't stand for it anymore.”
Knockwood said the Indigenous fishers are a small fleet with only seven boats and no threat to a productive lobster fishery.
“We have a mosquito fleet. We're talking 25-foot boats compared to 50 or 60. We're talking 50 traps on a boat compared to 350,” she said.
She said they're not trying to take anything away from the commercial fishers, but the federal Department of Fisheries and Oceans needs to protect them and their rights on the water.
“They're in between rock and a hard place, but the bottom line is that we don't have a problem with a commercial fishery,” she said. “We just need DFO to protect us on the water because it's the lives of our fishermen.”
Fisheries Minister Bernadette Jordan was unavailable for an interview, but in a statement said the government's first goal is safety on the water and she called for all sides to lower tensions.
“To that end, I'm extending an invitation for Indigenous leadership and industry leadership to meet with me as soon as possible. It is vitally important that we come together to find the best path forward to a peaceful resolution,” she said.
Jordan met virtually Monday with The Assembly of Nova Scotia Mi'kmaw chiefs. She said the government wants to respect Indigenous rights and come to a constructive conclusion.
“The issues surrounding this fishery are long-standing, complex, and deeply personal to all involved. The goal is, and always has been, to further implement First Nations' rights and have everyone participate in a constructive and productive fishery, for the benefit of all communities in Nova Scotia.”