Dear Minister Virani:
On May 14th, 2024, the National Indigenous Economic Development Board (NIEDB), an advisory board to the Federal Government which I Chair, held a fisheries panel at our quarterly board meeting in Millbrook First Nation, Nova Scotia. Through this panel, the Board heard from several Indigenous organizations and community members involved in the Atlantic commercial fishing industry. Panel participants shared numerous examples of systemic racism within the industry, restricting their constitutionally and treaty protected right to hunt, fish, and gather for a moderate livelihood.
In R v. Marshall (1999), the Supreme Court of Canada decided that, through the 1760-61 Peace and Friendship Treaty, the Mi’kmaq, Wolastoqiyik, and Passamaquoddy people have a treaty right to hunt, fish, and gather for a “moderate livelihood”. The realization of this treaty right has been limited as Indigenous fisheries remain misunderstood and continue to face systemic racism through government policy and regulations. Contentions over the definition of a “moderate livelihood” and DFO’s enforcement approaches have resulted in the criminalization of the exercise of First Nations’ rights. Since 1999, Indigenous Peoples have been repeatedly voicing their concerns and demanding action. As advisors to the federal government on Indigenous economic policies, it is the Board’s responsibility to amplify these concerns and present policy recommendations that must be used to make real and meaningful change in this area.
Many First Nation fishers have stated that they fear for their physical safety and face systemic racism in their interactions with fishery officers and local police1, despite DFO’s requirement that fishery officers take a progressive approach in their enforcement of the Fisheries Act. Numerous public examples illustrate the experience of Indigenous fishers and the resulting lack of any confidence that their treaty rights and physical safety will be protected by both fishery and RCMP officers.
Intense and violent confrontations took place in September 2020 after Sipekne’katik First Nation launched its rights-based fishery in Nova Scotia. Non-Indigenous fishers protested the fishery by destroying Indigenous fishing boats and a fishing pound, seizing Indigenous lobster traps, and using other intimidation tactics such as pelting the Indigenous fishers with rocks and yelling racial slurs. Throughout the confrontations, violence and threats, Indigenous fishers state that the RCMP sat idle. On one specific event, an Indigenous fisherman was trapped in a lobster fishing pound as non-Indigenous fishers swarmed the building, kicking the doors and throwing rocks inside. When police showed up, they stood back and failed to take action to ensure the Indigenous fisherman left the pound safely.2
As of November 2020, only two non-Indigenous fishermen were charged in relation to the attacks against Indigenous fishers.3 Yet, as of October 2023, there were 54 Mi’kmaw fish harvesters with charges under the Fisheries Act.4 This showcases DFO and RCMP’s priorities.
In March 2024, two Mi’kmaq men from Cape Breton were fishing for elvers when they were apprehended by fishery officers and later dropped off at a remote gas station without their phone or boots and were told to figure out their own way home. The two men walked seven hours in the dark night with only socks and bags to protect their feet. This incident has been compared to the starlight tours.5
Most recently, an Eskasoni fisherman’s lobster traps were deliberately damaged and his buyer was threatened off of the wharf. Nearly four years after the Sipekne’katik fishery confrontations, First Nation fishers are still targeted on the water and insufficiently protected. It is only after this event that DFO stated that monitoring efforts are going to be increased to prevent such tampering.6 The protection of Indigenous fishers must be a consistent priority.
First Nations pursuing their treaty rights continue to be limited by government policies, outdated legislation, and face confrontations with DFO officers and the police of jurisdiction (often the RCMP). The jurisdictional divide between the enforcement of Fisheries Act et sur Criminal Code offences are blurred, resulting in confusion and mistrust. The protection of Indigenous fishers must be a consistent priority and roles of enforcement bodies, like the RCMP, should be simplified. The lack of clarity surrounding enforcement practices related to Indigenous fishers has led the Board to recommend that DFO recognize the jurisdiction of Indigenous Peoples for ensuring that fishery practices operate in accordance with treaty rights in their traditional territories and in their waters.
Le United Nations Declaration Act has also committed the DFO to “Addressing systemic racism in enforcement of fisheries laws and regulations”. As a department committed to the implementation of the UNDA, the Board urges the Department of Justice to ensure that systemic racism in Atlantic fisheries is addressed and eliminated.
The Board also called on DFO to implement the recommendations found within the Senate Standing Committee on Fisheries and Oceans “Peace on the Water” report and the United Nations Declaration Act Action Plan, which include:
Achieving true reconciliation will not be possible without the full recognition of the treaty rights affirmed by the Marshall Supreme Court decision. By collaborating across departments and holding one another accountable, the federal government can work towards removing the existing barriers to these treaty rights and achieving economic parity for Indigenous peoples.
Thank you for your immediate and important consideration of the recommendations articulated within this letter.
Our next Board meeting will be taking place in Ottawa on December 2-3rd at the Lord Elgin and we invite you to join us to discuss this and other priorities in terms of Indigenous Economic Development.
Sincerely,
Dawn Madahbee Leach
Directrice général
Le Conseil national de développement économique des Autochtones