Rather it has to do with allowing differences based on historic treaties — in this case, the right to carry on a fishery at a time when other Canadians cannot do so. Indigenous Services Minister Marc Miller addresses latest unrest in the ongoing Nova Scotia lobster fisheries dispute between commercial and Mi'kmaw fisherman. These equality provisions are about “catching up,” or at least ensuring that no one, for any particular part of their identity — their race, gender or sexuality — will be treated in an inferior way. The removal of lobster dishes is a move to show solidarity with the Mi’kmaq and to condemn the ongoing violence stemming from the lobster dispute in Digby county. Mi'kmaq tag Sipekne'katik First Nation tag Nova Scotia lobster tag lobster dispute tag Indigenous Fishing Rights tag Mi'kmaq fishers tag Mikmaq treaty rights tag Nova Scotia Fishing Dispute … This is because the Canadian approach to equality and Indigenous rights — an approach that is baked into our difficult-to-change Constitution and which has been taken up with gusto by the Supreme Court — is based on two opposing views of rights. Read more: A timeline of Nova Scotia’s lobster conflict between Mi’kmaq and commercial fishers 4. Toronto Star articles, please go to: www.TorontoStarReprints.com, The Toronto Star and thestar.com, each property of Toronto Star Breweries Leave CBANS After ‘Apologist’ Tweets About Mi’kmaq Lobster Dispute. While the dispute may seemingly have begun with the launch of a self-regulated Indigenous lobster fishery in the traditional territory of Takmeteq, AKA Saulnierville, N.S., recent clashes are actually part of a decades-long conflict coming to a head. She said the tensions between the two groups is a culmination of years of frustration with the Department of Fisheries and Oceans and its “deliberate dithering and underhanded tactics surrounding the negotiations to define a moderate livelihood and implementation of the treaties.”, Knockwood said since the traps were taken Sunday, the First Nation’s lobster harvest was too small to present to buyers. Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Sign up to receive the daily top stories from the National Post, a division of Postmedia Network Inc. A welcome email is on its way. This advertisement has not loaded yet, but your article continues below. All But when you have two groups living side by side, neither of whom could be called “privileged,” simply trying to make a living, and one of those groups has special rights by virtue of their birth, it’s entirely possible, indeed likely, that conflict will erupt. Sproul said Sunday’s flotilla removed the gear unmolested under the watch of RCMP, coast guard boats and police helicopters. The trick is, though, that even if (or hopefully when) this legacy of inequality ends, the kind of dispute that we see in Nova Scotia will still be there. Mi’kmaq fishery decision an ‘opportunity’ and ‘interim measure,’ says Liberal MP Battiste By Samantha Wright Allen March 12, 2021 Crown-Indigenous Relations should take the lead on the Nova Scotia lobster dispute, Mi’kmaw Senators say, pointing to DFO’s lost credibility. “There’s nothing more to show that fishermen have the true, just, lawful position here than the fact that we conducted that activity yesterday and nobody stopped us.”. Toronto restaurants are boycotting lobster as an act of solidarity with Nova Scotia's Mi'kmaq fishers who have been entangled in an ongoing dispute over off-season fishing for centuries. This copy is for your personal non-commercial use only. We have enabled email notifications—you will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. It feeds a general public anger that many First Nations reserves don’t have access to clean drinking water or the idea that missing and murdered Indigenous women would be treated worse simply for being Indigenous. By continuing to use our site, you agree to our Terms of Service and Privacy Policy. DE. Debris from a burnt out fish plant is scattered along the shore in Middle West Pubnico, N.S., on Oct. 17, 2020. Comments may take up to an hour for moderation before appearing on the site. permissions/licensing, please go to: www.TorontoStarReprints.com. Prior to the Marshall decision in 1999, and since, Mi'kmaw harvester Alexander McDonald of Sipekne'katik has been on the front lines of the dispute. The chiefs said they told the fisheries department the seized traps must be returned to Indigenous harvesters. A good deal of the sympathy for Indigenous peoples in Canada today rests squarely on this notion of fairness and equality. We apologize, but this video has failed to load. This isn’t a question of equal treatment or eliminating discrimination; quite the opposite. Here are five things to know about the situation: The dispute has a long history. Members of the Potlotek First Nation, a Mi'kmaq community, set out from the wharf in St. Peter's, N.S., as they participate in a self-regulated commercial lobster fishery on Oct. 1, 2020. 1:49 Nova Scotia Mi’kmaq chiefs call on Ottawa to denounce ‘racism’ in lobster dispute. A good deal of the sympathy amongst non-Indigenous Canadians for Aboriginal rights stems from the first kind of rights — the idea of “catching up” or ending inequality. As we move into the 21st century and as, hopefully, the glaring social inequalities faced by many Indigenous communities are addressed, disputes like this are likely to grow more common. A number of commentators are describing the actions of the non-Indigenous fishers as racist. We encountered an issue signing you up. Lobster is a major commodity and popular dish in Atlantic Canada, but there’s now a growing list of restaurants taking the succulent shellfish off its menu. tap here to see other videos from our team. Image: Facebook. The Truth and Reconciliation Commission broke new ground and offered a road map to change which many organizations have been insisting must be followed; the federal government apologized (and offered compensation) for the horrendous treatment towards Indigenous peoples at residential schools; and Justin Trudeau got elected promising a nation-to-nation relationship with Indigenous peoples and a radically more sympathetic approach. It’s true that the Constitution and the courts are likely on the Mi’kmaq side in upholding their treaty rights. Indigenous chiefs in Nova Scotia are calling on the federal government to denounce what they described as racism and violence directed towards the Mi'kmaq people following a … Newspapers Limited, One Yonge Street, 4th floor, Toronto, ON, M5E 1E6. After all it has been 20 years since the Supreme Court decided in favour of the Mi’kmaq, granting them the right to carry on an out-of-season fishery. Announces Plan To Buy More Goods And Services From Local Suppliers. The United Nations anti-racism committee wants Canada to answer to allegations of racist actions committed against Mi’kmaq lobster fishers in Nova Scotia. We were supposed to have come a long way since that time. He said his association respects Indigenous treaty rights but it doesn’t think it’s appropriate to fish off-season in a nursery ground such as St. Marys bay. The 2020 Mi'kmaq lobster dispute is an ongoing lobster fishing dispute between Sipekne'katik First Nation members of the Mi'kmaq and non-Indigenous lobster fishers mainly in Digby County and Yarmouth County, Nova Scotia.The dispute relates to interpretations of R v Marshall, a 1999 Supreme Court of Canada ruling upholding the Halifax Treaties, empowering Indigenous Canadians the right to … Atlantic Canada Seafood Fishery Lobster Lobster dispute Mi'kmaq moderate livlihood Nathan Cooke Nova Scotia racism Sipekne'katik. Nova Scotia Mi'kmaq chiefs call on Ottawa to denounce 'racism' in lobster dispute . Indigenous rights activists insist that these special treaty rights aren’t race-based. HALIFAX — Indigenous chiefs in Nova Scotia are calling on the federal government to denounce what they described as racism and violence directed towards the Mi'kmaq … Members of the Potlotek First Nation, a Mi'kmaq community, set out from the wharf in St. Peter's, N.S., as they participate in a self-regulated commercial lobster fishery on Oct. 1, 2020. In LFA 34, the regulatory name for the body of water near St Mary's Bay, where the indigenous lobster fishery is located, there are 979 lobster licences, and each licence is … “The gear that we were collecting was what was in violation of the law,” Sproul said. Such unequal treatment is an affront to basic equality principles enshrined in the Charter and held dear by most Canadians. HALIFAX — Tensions remain high in the dispute over the Indigenous lobster fishery in Nova Scotia. The only Mi'kmaq politician sitting in Parliament, meanwhile, expressed optimism during the debate that lawmakers could reach a solution. The issue has polarized this corner of … We were supposed to have come a long way since that time. Republication or distribution of this content is Oct 20, 2020. by Trevor Nichols. Mi’kmaq First Nations fishing boats at the harbour in Saulnierville, Nova Scotia. To order Mi’kmaq fisheries were the source of tension recently in parts of Nova Scotia, where facilities have been vandalized in a dispute over off-season lobster fishing. So it might seem like this fishery dispute is a throwback — a sign of how far we still have to go in order to truly end racism towards Indigenous peoples and protect their rights in Canada. Non-Indigenous fishermen say the First Nation is illegally fishing off-season. "Mi’kmaw Fishery Dispute Is Not About Conservation, Scientists Say" (Hakai magazine) "Halifax-Area Restaurants Haul Lobster Off The Menu In Support of Mi'kmaq" (CBC) Opinion: "Jim Vibert: Violence Against Mi'kmaq 'Disgusting,' 'Racist'" (Halifax Chronicle Herald) "Mi’kmaq Fishers Won … To order copies of But it also sometimes (as in this case) directly conflicts with the other main idea of rights in our Constitution — the commitment to equality. And it might be that there are individual racists among them. Photo by Andrew Vaughan/The Canadian Press, ‘We have no other choice’: N.S. Disputes over Mi’kmaq fishing rights in Nova Scotia date back hundreds of years to treaties signed by the British. It may happen again this … And it might be that future Canadians will understand the desire of Indigenous peoples to “earn a moderate livelihood” — as the Supreme Court ruling put it in this case — even if this means having the right to catch lobster at more times during the year than their non-Indigenous neighbours. They are instead about national and collective survival. Photo by John Morris/Reuters. The lobster battle has centered in a picturesque area peppered by villages with commercial fishing wharves and lobster plants. The most commonly understood idea of rights in the Charter enshrines equal treatment. Like Burnt Church, this latest lobster dispute can be linked back to 1999′s Marshall Decision, when the Supreme Court of Canada sided with Donald Marshall Jr., a Mi’kmaq … Mi’kmaq chief to request UN peacekeepers ahead of lobster fishery, Veldon Coburn: Fixing First Nations water quality is about more than flashy new infrastructure. The federal government and the RCMP, he said, “must address the harassment and illegal activities taken against our people and they must enforce and charge those who to are cutting and stealing our traps, shooting flares at our boats, and threatening the lives of our people.”. © 2021 National Post, a division of Postmedia Network Inc. All rights reserved. N.B. A 1999 Supreme Court decision affirms the treaty rights of Mi’kmaq people to fish for a “moderate livelihood.” Rhonda Knockwood, director of operations for Sipekne’katik First Nation, said the federal government needs to clearly define the treaty rights of the Mi’kmaq people to earn a living off fishing. expressly prohibited without the prior written consent of Toronto “The public may not comprehend a fishery outside the realm of the Department of Fisheries and Oceans, that does not make our fishery illegal.”, “We called on Canada to help educate the public on the truth and to address the systemic racism that has been a major part in denying our ability to exercise our rights.”, On Monday, Nova Scotia Premier Stephen McNeil said in a statement that the province recognizes the treaty rights of the Mi’kmaq First Nation but he admitted “many of the details surrounding the nature and extent of those rights are not clear.”, Clarification, he said, “is best addressed through open and respectful dialogue.”, Copyright owned or licensed by Toronto Star Newspapers Limited. Last year, a dispute between Indigenous fishers and local commercial lobster fishers boiled over into violence and vandalism. Visit our Community Guidelines for more information and details on how to adjust your email settings. In September 1999, the Supreme Court of Canada affirmed the treaty rights of the Mi'kmaq, Maliseet and Passamaquoddy bands in Eastern Canada to hunt, fish and gather to earn a "moderate livelihood." Covid-19 Cases On The … “It’s not even worth selling,” she said in an interview Monday. Minister Jordan did not respond to a request for comment Monday. We ask you to keep your comments relevant and respectful. Introducing 5 FP Newsletters: Energy, Economy, Investor, Work and Finance, Financial Post: Introducing 5 Newsletters, Christopher Dummitt: Expect more clashes like the Nova Scotia lobster dispute as Canadians' rights collide, Christopher Dummitt, Special to National Post. Nova Scotia lobster dispute: Mi’kmaw fishery isn’t a threat to conservation, say scientists October 20, 2020 4.02pm EDT Megan Bailey , Dalhousie University Yet there is a much more logical claim to see the situation in reverse — that the Mi’kmaq fishery is based on special rights that come because of what community you are born into. If you don't see it please check your junk folder. There was an error, please provide a valid email address. “We’re just consuming it as our food in ceremony now.”. Our Constitution enshrines both the right to equality and collective rights, but they may not always coexist peaceably, The ongoing dispute between a Mi’kmaq community and non-Indigenous lobster fishers in Nova Scotia seems like a throwback to a darker and more racist time. Lobster fishing in the area is closed from May 31 until late November, Sproul explained in an interview Monday, to allow the crustaceans to safely mate during their reproductive period, as the lobsters’ shells moult and soften during this time. Since September, a group of Mi’kmaq fishers have been catching lobster outside of the commercial fishing season, without commercial fishing licenses. Carrier Sekani Tribal Council (CSTC) is calling for federal action regarding the violence directed at Mi’kmaq fishers in southwestern Nova Scotia. Mi’kmaw Fishery Dispute Is Not About Conservation, Scientists Say Twenty-one years after Canada’s Supreme Court affirmed their right to fish for a moderate livelihood, Mi’kmaq nations are launching their own fisheries—and commercial fishermen are pushing back. This right is very much guaranteed in our Constitution. The 2020 Mi'kmaq lobster dispute is an ongoing lobster fishing dispute between Sipekne'katik First Nation members of the Mi'kmaq and non-Indigenous lobster fishers mainly in Digby County and Yarmouth County, Nova Scotia.The dispute relates to interpretations of R v Marshall, a 1999 Supreme Court of Canada ruling upholding the Halifax Treaties, empowering Indigenous Canadians the right to … Star Newspapers Limited and/or its licensors. The Assembly of Nova Scotia Mi'kmaq Chiefs is alleging the federal Department responsible for fisheries is planning to seize gear and traps from moderate livelihood lobster … 365 Bloor Street East, Toronto, Ontario, M4W 3L4. Most Mi’kmaq in Nova Scotia say they aren’t interested in selling out their treaty rights. But unfortunately this dispute isn’t a throwback; it’s probably a look-ahead. But the Charter also enshrines in Canadian politics another idea of rights — collective rights — and these are the ones at stake in Nova Scotia. He began working in the lobster … It stems from a much-justified sense of past and sometimes ongoing mistreatment that needs to end. Nova Scotia Mi'kmaq chiefs call on Ottawa to denounce 'racism' in lobster dispute 2020-09-21 Hasidic Jews turn to court to challenge Quebec's COVID-19 nighttime curfew rights reserved. “Non-Indigenous fishers and citizens are putting the safety of our people at risk,” Chief Terrance Paul said in a statement following the meeting. Yet on the ground this must seem like a matter of semantics. The next issue of NP Posted will soon be in your inbox. The dispute over the Mi'kmaw lobster fishery isn't only about money — it's about who has the authority to govern and define these activities. Sipekne’katik First Nation say its people have a treaty right to fish at any time. Mi'kmaq fishermen in Nova Scotia have faced violent and racist attacks for exercising their treaty rights to catch lobster outside the province’s commercial season. With N.S. HALIFAX—Indigenous chiefs in Nova Scotia are calling on the federal government to denounce what they described as racism and violence directed toward the Mi’kmaq people following a weekend of tension in St. Marys Bay. The Mi’kmaq’s treaty right to fish for a moderate livelihood has also been affirmed by the Supreme Court, and the Sipekne’katik First Nation was exercising its constitutionally protected rights when it opened a self-regulated lobster fishery in September. Christopher Dummitt is a professor of Canadian history at Trent University. Paul, however, said Indigenous treaty rights exist alongside the rules set out by the federal government. This decision was based on Section 35 of Canada’s 1982 constitution, which enshrined “existing Aboriginal and treaty rights.”. Please try again. The anger at the Mi’kmaq fishery stems from the way it so blatantly contradicts the core idea of equality enshrined in the Charter — the notion of equal treatment. So long as Indigenous peoples continue to suffer unequal treatment, public sympathy for their rights is likely to be very high, and rightly so. A Mi’kmaw leader wants the prime minister to step in after a van was torched and lobsters were destroyed during a night of violence that saw an angry mob surround Mi’kmaw fishers barricaded in a Nova Scotia lobster pound. Colin Sproul, president of the Bay of Fundy Inshore Fishermen’s Association, said the action taken Sunday by the non-Indigenous fishermen was necessary to remove the “illegal” traps. This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. The situation began intensifying in late September when a flotilla of non-Indigenous fishermen removed about 350 Mi’kmaq lobster … A large fire destroyed the building, which had been the scene of an earlier confrontation between Indigenous and non-Indigenous fishermen. 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