National Post

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.

Newspapers in English

Newspapers from Canada