The Chronicle Herald (Provincial)
Parties differ on response to issue
The major parties vying to replace the Liberals at Canada's helm both promise a dramatic course change on the moderate livelihood fishery file.
But it would be in very different directions.
With the Liberal share of the popular vote (31.4 per cent as of Thursday according to aggregator 338Canada.com) and seat count (132) slipping compared to the Conservatives (33.7 per cent of vote, 143 seats) and the NDP (20.2 per cent, 36 seats), there is a potential for a sea change on the most high profile issue to come out of this province in recent years.
“Basically, what we're saying is that at every level the government has failed to protect the safety of Mi'kmaw fishers,” said Jenna Chisholm, NDP candidate for Sackvilleprestonchezzetcook.
“We would meet with those fishers and make sure they're safe while practising their right to fish.”
An NDP government would allow moderate livelihood and treaty-based fisheries to continue or be launched while government begins consultation with First Nations over what constitutes a moderate livelihood and how a joint managed fishery should exist alongside the existing commercial fishery. Chisholm said commercial fishery representatives would be invited to the discussion table as well.
Asked if an NDP federal government would put any limits on self-managed First Nations fisheries during this consultation period, Chisholm responded, “Conservation is something that seems to be getting argued a lot. Mi'kmaw fishers have been fishing in these waters for many years; if it's about conservation we would have to address the impact of the commercial fishery first.”
This detours from the policy under the Liberals. They had offered to negotiate additional moderate livelihood fisheries access with First Nations as long as fishing was conducted during the commercial season.
Traps set outside of those negotiated agreements are currently being hauled and seized by federal fisheries officers on St. Mary's Bay. As Pictou Landing First Nation launched its lobster fishery this week on the Northumberland Strait, its fishers were reportedly warned by fisheries officers that their traps would be subject to enforcement action.
A Conservative government would take a harder line with First Nations, according to incumbent West Nova MP Chris D'entremont.
“The first thing we would do is make conservation our No. 1 priority and identify not only what effect the moderate livelihood fishery would have but also what has been happening in the food, social and ceremonial (FSC) fishery that's been going on a number of years,” said D'entremont, referring to reports that catches made under the existing FSC fishery are being sold under the table.
“To enforce the laws we have today and make sure everyone is conforming to the laws we already have.”
D'entremont alleged that there has been political pressure from the Liberal administration in Ottawa that has hindered fisheries officers from enforcing the Fisheries Act and that has pitted Indigenous and non-indigenous communities against one another over resources.
In a dissenting opinion, penned by the Conservatives to the Liberal-chaired standing committee on fisheries and oceans report into the implementation of Mi'kmaq treaty fishing rights released this spring, they recommended that rules around existing commercial licences provided to First Nations be changed to prevent them from being leased to nonaboriginal fishermen.
“There is this faulty narrative that Indigenous communities don't have access to the fishery when they have been provided with something close to 2,000 different commercial licences that should be made available to be fished by members of those local nations,” said D'entremont.
In the decade after the Supreme Court of Canada's R vs. Marshall and the clarification known as Marshall II, Fisheries and Oceans Canada spent over $585 million buying up over 1,285 commercial licences of varied species (10.5 per cent of all commercial licences in Atlantic Canada) and transferring them, along with training, boats and gear to First Nations. More licences have since been provided.
As well a coalition of First Nations led by Membertou First Nation purchased the corporate offshore licences held by Clearwater Seafoods last year.
On the same day that Sipekne'katik launched its treaty fishery this summer, it posted a request for quotes to lease its nine commercial licences in lobster fishing area 34, which includes St. Mary's Bay. A few days earlier, on Aug. 13, it put up request for quotes for two licences in LFA 33, off southern Nova Scotia.
Asked if more access would be considered by a Conservative federal government, D'entremont replied, “We are always there to have a true consultation. But that has to include the industry that would be affected by it. The Liberals are doing all this negotiation on the side without input by industry.”