FIVE THINGS ABOUT LOBSTER FISHERY DISPUTE
Tensions remain high in the dispute over the Indigenous lobster fishery in Nova Scotia. Here are five things to know.
1 A LONG HISTORY
In September 1999, the Supreme Court of Canada affirmed the treaty rights of the Mi’kmaq, Maliseet and Pas
samaquoddy bands to hunt, fish and gather to earn a “moderate livelihood.” A Mi’kmaq fisherman from Cape Breton, Donald Marshall Jr., had the right affirmed to fish for eels and sell them when and where he wanted without a licence. That ruling was based on the interpretation of the British Crown’s Peace and Friendship Treaties of 1760 and 1761. The
court also said Marshall’s treaty rights do not extend to the “open- ended accumulation
of wealth.”
2 COURT MUDDIES WATERS
Two months later, the Court said Indigenous fisheries could be regulated but also that those regulations had to be justified for conservation
or other important public objectives. That key caveat is often cited by non- Indigenous commercial fishermen who say they would have no
problem with a separate, Indigenous commercial lobster fishery compliant with federally regulated seasons. The Sipekne’katik First Nation launched its self- regulated lobster fishery Sept. 17, whereas the federally regulated season
is closed until Nov. 30.
3 AGREEMENTS
After the 1999 decision, some First Nations started fishing for lobster right away. The Mi’kmaq communities at Burnt Church, N. B., and Indian Brook, N.S. — now known as
Sipekne’katik — set traps outside the regulated season. That led to the seizure of traps, arrests, charges, collisions on the water, shots fired at night,
boat sinkings, injuries and threats of retribution. But the federal government eventually helped First Nations build their communal commercial fishing fleets. Between 2007 and 2015, the value of landings rose to $ 145 million from $ 66 million.
4 TREATY RIGHTS
Bruce Wildsmith, legal counsel for the Mi’kmaq Rights Initiative, has said two 2019 agreements don’t meet First Nations’ requirements for a licensed moderate- livelihood fishery. The Mi’kmaq want their own set of regulations.
5 CONSERVATION
Commercial fishermen argue lobster fishing should not be permitted until later in the year because lobsters shed their shells in mid- summer, which is also when female lobsters can mate. The Sipekne’katik First Nation, however, says its fisheries management plan ensures conservation, noting
fishing started Sept. 17.