NIEDB Recommendation Letter: DFO and RCMP Atlantic Fishing Industry

Dear Minister Lebouthillier:

On May 14, 2024, during the National Indigenous Economic Development Board's quarterly meeting in Millbrook First Nation, Nova Scotia, the Board was deeply concerned by the issues raised by Indigenous organizations and community members engaged in the Atlantic commercial fishing industry. The discussions revealed systemic racism and barriers that significantly impede their constitutionally and treaty-protected rights to hunt, fish, and gather for a moderate livelihood, as outlined in the 1760-61 Peace and Friendship Treaty.

The exercise of treaty rights by Indigenous fisheries is severely hindered by systemic racism and misunderstanding in government policies and regulations. Disputes over the definition of “moderate livelihood” and the DFO’s enforcement practices have criminalized First Nations' rights. Since the 1999 Marshall decision, Indigenous Peoples have consistently raised these issues, seeking action. As federal advisors on Indigenous economic policies, the Board is tasked with amplifying these concerns and proposing effective policy changes.

A key issue reiterated by DFO participants, Indigenous organizations and Board member Chief Terry Paul, is the difficulty Indigenous fishers face in obtaining commercial fishing licenses, with Indigenous bands in the Maritime region holding only about 20% of the available licenses. The recent increase in capital gains tax has further exacerbated this issue by inflating license prices, making it challenging for Indigenous fishers to enter the industry. This tax hike, which has led to reduced participation in the government’s BuyBack Program, and private sale between fishers, has created a significant barrier, limiting Indigenous fishers' ability to exercise their treaty rights and participate equitably in the commercial fishing industry.

In response to these issues, the Board strongly recommends implementing several critical measures. The first of these measures includes exempting Indigenous fishers from capital gains tax on the sale of fishing licenses which would facilitate their integration into the commercial fishing industry and help mitigate the barriers imposed by the current tax regime.

The barriers faced by Indigenous fishers in implementing their treaty right continue beyond the struggle to obtain a commercial fishing license. As recently as May 2024, the Atlantic commercial fishery industry has been characterized by confrontations, divide and violence. Recent public incidents, such as damage to property, riots and threats to fishers, illustrate the urgent need for reform in enforcement practices. The current enforcement approach has contributed to a climate of mistrust and fear among Indigenous fishers, impeding their ability to exercise their rights without facing violence or discrimination.

The Assembly of First Nations has stated that “DFO’s approach to enforcement has criminalized the exercise of First Nations’ Rights, leading to mistrust and violence” and that there “is systemic racism and structural violence that influence not just the legislative process but also responses to the exercise of First Nations’ fishing Rights.” In line with this, the United Nations Declaration Act has also committed the DFO to “Addressing systemic racism in enforcement of fisheries laws and regulations”.

In response to this, the Board also calls 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:

1. Taking actions to address and eliminate institutional and systemic racism in their laws, regulations, policies, and practices and to protect the physical safety of fishers when they exercise their right to harvest and trade fish;
2. Implementing First Nations-led approaches to enforcement and protection;
3. Integrating Indigenous laws, principles and knowledge with other scientific information and data into fisheries decision-making processes;
4. Developing tools to engage and educate the fishery officers, police officers and the public about rights-based fisheries, including where these rights originated, how they have been affirmed, how they are being implemented, and how they differ from other types of fisheries; and,
5. Providing effective and ongoing education and training to their DFO and RCMP officers the past and present context of Indigenous Peoples in Canada.

Lastly, as part of the Board’s recent meeting, we heard from the Atlantic Canada Opportunities Agency (ACOA) who works to create opportunities for economic growth in the region by helping businesses become more competitive, innovative and productive. As part of their presentation, we heard the successful ways in which they work with diverse communities to develop and diversify local economies, and by championing the strengths of Atlantic Canada. We recommend that DFO connect with the ACOA to share best practices on how to support Indigenous economic development in the region.

Achieving true reconciliation necessitates the full realization of rights-based fisheries, as affirmed by the Marshall decision and inherent treaty rights. Ensuring that Indigenous fishers can access licenses and operate safely while exercising their treaty rights is crucial. We urge immediate action to address these pressing concerns and look forward to continued dialogue to resolve these challenges.

Sincerely,

Dawn Madahbee Leach
Directrice général

Cc: The Honourable Chrystia Freeland
Deputy Prime Minister and Minister of Finance
Via email: chrysita.freeland@fin.gc.ca

Commissioner Michael Duheme
Commissioner of the Royal Canadian Mounted Police
Via email: commissioner_tasking@rcmp-grc.gc.ca