Dear Mr. O’Dea,
On behalf of the National Indigenous Economic Development Board (NIEDB), we would like to accept your invitation to provide advice regarding Canada’s proposed Blue Economy Strategy.
In addition, we would also like to accept the invitation to participate in the Canadian Council of Fisheries and Aquaculture Ministers Economic Development Task Group.
Our Board is comprised of First Nations, Inuit, and Métis members, and is a national, non-partisan body with a mandate to advise the Government of Canada on Indigenous economic development issues. Additional information on the Board, our work, and our strategic priorities can be found at http://www.naedb-cndea.com/.
The Board understands the importance of the ocean economy for Indigenous economic development, wealth creation, and well-being in our communities. We believe that bold and immediate action must be taken, and that meaningful investments and partnerships must be made to end the economic marginalization of Indigenous peoples.
To that end, please find attached as Annex A our response to several of the discussion questions included in the Blue Economy Strategy Engagement Paper. We particularly appreciate the opportunity to provide the information despite the engagement period having formally ended in mid-June.
The Board notes the virtual absence from the proposed Strategy of references to inland waters and the Indigenous right to a moderate livelihood. While the proposed Blue Economy Strategy focuses exclusively on Canada’s three oceans, inland waters and their corresponding fisheries and aquaculture activities have a significant impact on Indigenous peoples, both through their engagement in traditional sustenance activities and their economies. In this context, it is worth considering the policy and practical impacts the Strategy could have on Indigenous communities that do not have ocean access, but who do rely on fisheries for their local economies.
While Indigenous fishing and other rights are not directly addressed in the engagement paper, the legal issues that could arise from implementation of the strategy must be considered.
As you know, the Supreme Court of Canada considered the treaty right to fish in the 1999 landmark case of R. v. Marshall, and decided the Peace and Friendship Treaties of 1760-1761 confirmed the right of the Mi’kmaq people to provide for their own sustenance by taking the products of their hunting, fishing and other gathering activities, and trading for what in 1760 was termed ‘necessaries’. The Court found that the concept of ‘necessaries’ is equivalent in current times to the concept of a “moderate livelihood”, inclusive of such basics as “food, clothing and housing, supplemented by a few amenities”.
In our view, ‘necessaries’ includes more than basic needs, but also modern-day amenities and community needs. In today’s context, this includes infrastructure, programming, and services. Suggesting a “moderate livelihood” is putting arbitrary limits on Indigenous peoples that do not exist elsewhere. How would such a measure of “moderate livelihood” be established? We find this highly discriminatory and that it encourages more dependence on public assistance and resources. A second case (Marshall II) clarified that the treaties, and the benefits granted under them, were local in nature and limited to the area traditionally used by the local community with whom the treaty was made. Many traditional territories were and are expansive.
Any strategy involving Canadian fisheries must take the Marshall decisions into account, less the discriminatory elements, and must also recognize Indigenous jurisdictional issues inclusive of decision-making.
To that end, it is the Board’s understanding that throughout 2020-2022, the Department of Fisheries and Oceans has been working with Indigenous Peoples in support of a Federal Aquaculture Act, which addresses the farming of fish and seafood in both fresh and sea water. In addition, we understand similar conversations have taken place with the Government of Ontario regarding changes to modernize Ontario’s approach to licensing aquaculture.
As Canada’s aquaculture industry continues to grow, the information and Indigenous-specific insights attained through these consultations and collaborative efforts must inform Canada’s Blue Economy Strategy and other fisheries-related policy work.
While our Board provides expertise on all matters pertaining to Indigenous Economic Development, we also encourage the Government of Canada to continue to work with the National Indigenous Fisheries Institute (https://indigenousfisheries.ca/en/) to maximize the potential of fisheries, aquaculture, oceans, and aquatic management programs and practices to benefit Indigenous peoples
and communities across Canada.
Please contact the NIEDB Secretariat at 819-775-1801 or email the Board’s Secretariat Coordinator, Carolynn Sweeney-Beebe, at carolynn.sweeney-beebe@canada.ca to schedule the participation of a Board member in the Economic Development Task Group.
Kind regards,
Dawn Madahbee Leach
Directrice général
Le Conseil national de développement économique des Autochtones