Annapolis Valley Register

Mi’kmaw harvesters treated unfairly

Collaborat­ive relationsh­ip between Indigenous fishery and DFO thwarted by individual incidents

- CHIEF GERALD TONEY GUEST OPINION

In 1999, the Supreme Court of Canada decided in the Marshall case that Mi’kmaq have a constituti­onally protected treaty right to fish for a livelihood.

Donald Marshall Jr. had been harvesting eels with a net, with no Fisheries and Oceans Canada (DFO) licence. He was found to have the treaty right to do so. Since Marshall was decided over two decades ago, very little progress has been made in treaty right recognitio­n. A colonizer mindset is continuing to impede reconcilia­tion and fostering racial tension and physical and cultural violence.

We can all remember footage in 2000 of armed federal officers storming Mi’kmaq in their small boats. That is a memory that is seared into the minds of Canadians. But while this stands for oppression in the minds of Mi’kmaq, there are elements in Canadian society who see that federal conduct as meaning that the Mi’kmaq must be doing something wrong. The government-created public perception that “Mi’kmaq are doing something wrong” fosters racism, which fosters hate, which in turn fosters violence — physical, mental and structural.

When an enforcemen­t arm of a government engages in selective enforcemen­t against minorities, that is racial profiling, a form of structural and institutio­nal racism. We do not have to look far in Canada to find proof that such racism exists, and to see what terrible effects it has on Indigenous people. You can see it in the report of the Donald Marshall Jr. inquiry into his wrongful conviction and incarcerat­ion.

You can see it in the findings of the Truth and Reconcilia­tion Commission. You see it starkly in the report from the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Colonizati­on has, at its root, an intent to take lands, resources and power away from the Indigenous people of the land, and to transfer it to the pockets and control of the settler colonizer. That is a world view that pervaded the occupation of Canada by nonIndigen­ous people.

In modern day Nova Scotia, some non-Indigenous people are determined to reverse that colonizati­on and engage in true and meaningful reconcilia­tion.

Others remain intent on continued colonizati­on, on the re-victimizat­ion of Mi’kmaq.

RECONCILIA­TION MEASURES

Over the course of the past four years, the Nova Scotia Mi’kmaw communitie­s have been developing comprehens­ive, conservati­on-based fisheries management plans in support of treaty rights-protected (TRP) fishing activity by their members. This work has, in some cases, been implemente­d through understand­ings in a working collaborat­ive relationsh­ip with Fisheries and Oceans Canada.

The department’s regional management has attempted to implement certain aspects of the Mi’kmaq TRP fishery plans, although constraine­d by a restricted federal mandate with limited flexibilit­y. This is an issue that the Assembly of Nova Scotia Mi’kmaw Chiefs (ANSMC) has raised with DFO and will maintain as a focus for improvemen­t.

Unfortunat­ely, while management at DFO is trying to work towards at least some reconcilia­tion measures, the department’s conservati­on and protection arm has presented a different challenge.

The ANSMC, through its fisheries implementa­tion team and its network of community liaisons, has over recent years sought collaborat­ive working relationsh­ips with C&P officers and have requested increased fisheries officer capacity, education and training in reconcilia­tion. This has, for the most part, not happened.

Racial profiling continues to be an issue. Our harvesters, both men and women, are often targeted, racially profiled and criminaliz­ed, even when fishing in a manner consistent with a DFO authorizat­ion.

In two recent examples, a Potlotek-authorized lobster fishing vessel and money from a Kespukwitk First Nations’ conservati­on-based elver fishery were seized and are being held “under investigat­ion.”

These public displays foster the view that the Mi’kmaw harvesters “must be doing something wrong,” which promotes racial hatred, which increases the likelihood of physical and cultural violence.

As well, the harvesters involved in these incidents have suffered an undue hardship during the ongoing seizures.

CULTURAL PRACTICE

The public displays of differenti­al

enforcemen­t continue to send the message to Canadian society that Mi’kmaw fishers, although acting under their constituti­onal rights, are actually criminals. This fosters increased tensions and a lack of trust, which we have seen all too often in the past, leading to racialized hatred, violence and conflict.

Our elver fishers include both men and women, who often fish in family groups with their children as part of a cultural and generation­al practice. It is simply not right that DFO has employees trying to make them victims of targeted enforcemen­t or non-Indigenous hostility.

The ANSMC is calling on the department’s management, the minister and the prime minister to evaluate its enforcemen­t employees, through an Indigenous lens, and support the developmen­t of collaborat­ive, discretion­ary conservati­on and preservati­on enforcemen­t practices, with Indigenous-led, managed, and actively practised enforcemen­t divisions.

Chief Gerald Toney is fisheries co-lead for the Assembly of

Nova Scotia Mi'kmaw Chiefs. He is also the chief of the Annapolis Valley First Nation.

 ?? CONTRIBUTE­D ?? Fishing boats take to the water in southweste­rn Nova Scotia in 2021 to show support for First Nations moderate livelihood fisheries.
CONTRIBUTE­D Fishing boats take to the water in southweste­rn Nova Scotia in 2021 to show support for First Nations moderate livelihood fisheries.
 ?? CONTRIBUTE­D ?? Chief Gerald Toney is with the Assembly of Nova Scotia Mi’kmaw Chiefs.
CONTRIBUTE­D Chief Gerald Toney is with the Assembly of Nova Scotia Mi’kmaw Chiefs.

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