National Post

Mi’kmaq chief lauds draft deal on fishery

‘Agreement has the potential to be historic’

- Brett Bundale

A draft agreement between Ottawa and a Nova Scotia First Nation over a “moderate livelihood” fishery has the potential to be a historic recognitio­n of Mi’kmaq treaty rights, the community’s chief said Sunday.

Mi ke Sack of Sipekne’katik First Nation said he is reviewing a draft memorandum of understand­ing he received from the office of Fisheries and Oceans Minister Bernadette Jordan late Friday.

He said the Sipekne’katik Treaty Fishery agreement would allow the Mi’kmaq community to legally sell their catch.

“It’s very significan­t,” Sack said in an interview. “It can help lift our people out of poverty.”

The community’s lawyers are going over the agreement and clarifying a few points to ensure nothing infringes on the treaty rights of future generation­s, he added.

But the chief said he’d like to get a deal finalized as soon as possible, noting that “these last couple of months have seemed like a lifetime to us.”

Indigenous fishers faced violence and vandalism earlier this fall after launching a rights- based fishery in southwest Nova Scotia.

Tension with non- Indigenous fishers ignited almost as soon as Mi’kmaq boats entered the St. Marys Bay area.

An escalating series of events ensued, leading to the destructio­n of a lobster pound that had housed the Indigenous fishers’ catch.

Other flareups included the cutting of Mi’kmaq lobster traps, wharf- side gatherings of large crowds of protesters hurling racist insults at fishers, and the alleged torching of multiple vehicles.

The attacks prompted widespread condemnati­on and calls for clarificat­ion on Mi’kmaq treaty fishing rights.

Jane Deeks, press secretary for the Fisheries and Oceans Minister, said the federal government and the Sipekne’katik First Nation are continuing to work collaborat­ively towards an agreement.

“Our negotiatio­ns have been positive, constructi­ve, and progress is being made,” she said in an email on Sunday. “While there is still more work ahead of us, we are making progress together.”

Sack said the agreement follows through on the Supreme Court of Canada’s recognitio­n of Indigenous treaty rights in its landmark 1999 Marshall decision.

The ruling affirmed the Mi’kmaq treaty right to fish for a “moderate livelihood,” though the top court later clarified that the federal government could regulate the fishery for conservati­on and other limited purposes.

“This agreement has the potential to be a historic recognitio­n of our treaty rights and to make good on the promise and legacy of Donald Marshall Junior’s work,” Sack said.

 ?? Andrew Vaughan / THE CANADIAN PRESS ?? Members of First Nations stand on the breakwater in Saulniervi­lle, N. S., as non-indigenous boats protest the launch the Mi’kmaq self-regulated
fishery in September. A new agreement between Ottawa and Mi’kmaq fishers would allow the Mi’kmaq community to legally sell their catch.
Andrew Vaughan / THE CANADIAN PRESS Members of First Nations stand on the breakwater in Saulniervi­lle, N. S., as non-indigenous boats protest the launch the Mi’kmaq self-regulated fishery in September. A new agreement between Ottawa and Mi’kmaq fishers would allow the Mi’kmaq community to legally sell their catch.

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