Members of the Sipekne’katik First Nation, supported by other First Nations, stand on the breakwater in Saulnierville, N.S., as non-indigenous boats protest the launch the Mi’kmaq self-regulated fishery on Thursday, Sept. 17, 2020. THE CANADIAN PRESS/Andrew Vaughan

Members of the Sipekne’katik First Nation, supported by other First Nations, stand on the breakwater in Saulnierville, N.S., as non-indigenous boats protest the launch the Mi’kmaq self-regulated fishery on Thursday, Sept. 17, 2020. THE CANADIAN PRESS/Andrew Vaughan

Draft fishery deal possibly a ‘historic recognition’ of treaty rights: Mi’kmaq chief

The chief said he’d like to get a deal finalized as soon as possible

A draft agreement between Ottawa and a Nova Scotia First Nation over a “moderate livelihood” fishery has the potential to be a historic recognition of Mi’kmaq treaty rights, the community’s chief said Sunday.

Mike Sack of Sipekne’katik First Nation said he is reviewing a draft memorandum of understanding he received from the office of Fisheries and Oceans Minister Bernadette Jordan late Friday.

He said the Sipekne’katik Treaty Fishery agreement would allow the Mi’kmaq community to legally sell their catch.

“It’s very significant,” Sack said in an interview. “It can help lift our people out of poverty.”

The community’s lawyers are going over the agreement and clarifying a few points to ensure nothing infringes on the treaty rights of future generations, he added.

But the chief said he’d like to get a deal finalized as soon as possible, noting that “these last couple of months have seemed like a lifetime to us.”

Indigenous fishers faced violence and vandalism earlier this fall after launching a rights-based fishery in southwest Nova Scotia.

Tension with non-Indigenous fishers ignited almost as soon as Mi’kmaq boats entered the St. Marys Bay area.

An escalating series of events ensued, leading to the destruction of a lobster pound that had housed the Indigenous fishers’ catch.

Other flareups included the cutting of Mi’kmaq lobster traps, warf-side gatherings of large crowds of protesters hurling racist insults at fishers, and the alleged torching of multiple vehicles.

The attacks prompted widespread condemnation and calls for clarification on Mi’kmaq treaty fishing rights.

Jane Deeks, press secretary for the Fisheries and Oceans Minister, said the federal government and the Sipekne’katik First Nation are continuing to work collaboratively towards an agreement.

“Our negotiations have been positive, constructive, and progress is being made,” she said in an email on Sunday. “While there is still more work ahead of us, we are making progress together.”

She confirmed that a draft memorandum of understanding is currently with Sipekne’katik First Nation.

“We share the same goals of a productive and sustainable fishery, and to further implement Sipekne’katik First Nation’s Treaty Rights,” Deeks added.

Meanwhile, Sack said the agreement follows through on the Supreme Court of Canada’s recognition of Indigenous treaty rights in its landmark 1999 Marshall decision.

The ruling affirmed the Mi’kmaq treaty right to fish for a “moderate livelihood,” though the top court later clarified that the federal government could regulate the fishery for conservation and other limited purposes.

“This agreement has the potential to be a historic recognition of our treaty rights and to make good on the promise and legacy of Donald Marshall Junior’s work,” Sack said.

“The big part for us is making sure we can harvest and sell and it’s reflected in there.”

READ MORE: Nova Scotia RCMP say man faces assault charges in violent clash at lobster pound

Brett Bundale, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

fishingIndigenous

Just Posted

The fine for changing lanes or merging over a solid line costs drivers $109 and two penalty points in B.C. (Screenshot via Google Street View)
B.C. drivers caught crossing, merging over solid white lines face hefty fine

Ticket for $109, two penalty points issued under Motor Vehicle Act for crossing solid lines

The sky above Mt. Benson in Nanaimo is illuminated by flares as search and rescuers help an injured hiker down the mountain to a waiting ambulance. (Photo courtesy Nanaimo Search and Rescue)
Search plane lights up Nanaimo’s Mt. Benson with flares during icy rope rescue

Search and rescue team gets injured hiker down the mountain to a waiting ambulance

Local MP Elizabeth May says the federal government needs to revise its rules around allowing freighters to anchor in and around the Gulf Islands. (Black Press Media File)
MP Elizabeth May promises to press new transportation minister on Vancouver Island issues

Key issues include anchoring freighters, southern resident killer whales and fate of local bus line

Dan Kraus is senior conservation biologist with the Nature Conservancy of Canada. (Photo courtesy of Nature Conservancy of Canada)
Kraus: Pandemic helped Canadians rediscover nature

Connection inspired by 2020 needs to turn to action in 2021

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

Courtenay’s Ace Brewing Company’s Jet Fuel IPA was chosen for second place in the annual Canadian Brewing Awards. Photo submitted
Courtenay brewery takes silver medal at Canadian Brewing Awards

“It’s huge - they are the biggest awards in Canada that you can get (in the brewing industry).”

Saanich has awarded the tender for a youth bike skills park planned for the lot next to the George Tripp BC Hydro Substation off Lochside Drive to Bike Track Ltd. for $242,000. (Black Press Media file photo)
Saanich selects company to build youth bike skills track at Tripp Station Park

More than $240,000 allotted for Bike Track Ltd. to design bike park

James Summer, the City of Victoria’s new youth poet laureate. (Courtesy City of Victoria)
Slam poetry expert introduced as Victoria’s new youth poet laureate

Vic High alum James Summer will serve in the role for 2021

(File photo)
Case of COVID-19 confirmed in School District 69 (Qualicum)

Individual was at PASS/Woodwinds, with a last date of attendance of Jan. 22

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

Most Read