I didn’t realize the tension in Nova Scotia about fishing rights is ongoing. Is there an end in sight?
A guide to what Mi'kmaw fishermen are going through right now, and where we go from here.
Hey there, and welcome to the first issue of The Supplement, a newsletter that fills in the gaps of your other news intake.
Each week, we pick a question submitted by you, our readers. If you’d like to submit a question for a future week — it can seriously be about anything — then email us at thesupplementnewsletter@gmail.com.
This week, we’re tackling a question that is especially topical: I didn’t realize the tension in Nova Scotia about fishing rights is ongoing. Is there an end in sight?
Some language you should know before we get started:
Mi’kmaw is used to indicate a single person, while Mi’kmaq means “the people,” and refers to multiple Mi’kmaw people or the whole nation.
The term “moderate livelihood” dates back to the Peace and Friendship Treaty of 1760-61. Then, in 1999, the landmark Marshall Decision from the Supreme Court affirmed that treaty right for Indigenous peoples to fish and sell their catch to earn a “moderate livelihood.” Generally this has been interpreted to mean enough to live and support your family, but not to gain wealth.
Here’s our answer:
Before we jump in — October is Mi'kmaq History Month, and @JarvisGoogoo is sharing a bunch of knowledge on Twitter that you should check out.
As for the context behind this, this APTN explainer will help you catch up. Most of the major reporting on this subject petered out by the end of September, which may be part of the reason why you haven’t heard much of a “resolution” to the story of non-Indigenous fishermen confronting Mi’kmaw fishermen amid assertions over who has the right to fish in the area and what a “moderate livelihood” should mean.
Buuuut, it’s still going on. And yesterday was a reminder that tensions are still rising.
Last night, hundreds of non-Indigenous commercial fishermen raided two facilities where Mi'kmaw fishermen were storing their catches, set fire to a van, and threw rocks at the windows. There were two Mi’kmaw fishermen inside one of the locations, a West Pubnico lobster pound, at the time of the attacks.
In an interview with Ku’ku’kwes News, Jason Marr, one of the fishermen who was inside the West Pubnico facility, said the RCMP told him that the non-Indigenous fishermen would let him and the other man leave if they handed over his lobster.
This latest raid was preceded a few days ago by a rally in Digby held by a couple hundred commercial fishermen, calling to pause out-of-season fishing.
The violence comes after a fire destroyed a fishing boat that belonged to a man who received one of the new licences in the Sipekne'katik First Nation's recently opened and expanded self-regulated moderate livelihood lobster fishery. It’s unclear if the investigation into the fire has reached a conclusion.
The Sipekne'katik First Nation has dismissed the idea of taking a pause. The nation said last week that the Mi'kmaw Conservation Group would be willing to partner with the federal government to research if catch restrictions were necessary, while calling on Ottawa to speak up and stand for their rights.
It was a triumph that they’ve caught fish despite their lines being cut, but now they need to sell their product to make a living.
Earlier this year, co-chair of the Assembly of Nova Scotia Mi’kmaw Chiefs said negotiations with Ottawa reached an impasse when they were offered almost $87-million to participate in the existing commercial fishery — if they gave up their treaty rights for the next decade. They declined and asked the federal government to include a definition of moderate livelihood in the offer.
“These fishermen have been able to engage in crimes of violence and property destruction with apparent impunity, even flaunting the removal of Mi’kmaw lobster traps in the media,” writes Pam Palmater, a Mi'kmaw lawyer.
“Yet, we all know that had Mi’kmaw peoples engaged in any of these violent or criminal acts, there would have been swift arrests and confiscation of our gear.”
As this story continues, read with a critical eye.
Reflect on how most media coverage has been lacking, explained by someone who knows the story better than we do. For example, calling the moderate livelihood fishery “illegal” dismisses important historical context. We should also be careful when we use the word “protest,” since it is Mi'kmaw fishermen who are asserting their right, not protesting.
“They’ve got a management plan, they’re celebrating the anniversary of the Marshall Decision,” Indigenous journalist Trina Roache told the CBC. “This is not an illegal fishery. They have every legal right to do what they’re doing.”
TL;DR
Tension over the Mi'kmaq's fishing rights have only just begun as mainstream media attention has waned prior to the recent attacks. Whether it’s fishing, or any other resource, the issue of treaty rights will keep coming up until treaties are fully recognized by everyone — because we are all treaty people. As you follow this story, look for how you construct your everyday language on these topics, because it turns into how these stories are passed on.
Here’s someone to follow:
Each week we’ll also be spotlighting a journalist or writer you should be following to help expand your knowledge. As if we haven’t done enough of a shout-out already, this issue is a good reason to check out Trina Roache. A member of the Glooscap First Nation in unceded Mi’kmaw territory, Trina has been reporting on Indigenous issues for nearly two decades.
Here’s a story to read:
Each week, we’ll recommend a reading that surprised us, taught us something new, or just popped out on our feeds. This week’s is from VICE News: How One Man Built a Neo-Nazi Insurgency in Trump's America. Come for the story of how the Base was built, stay for how it fell apart.
Photo by Colby Goodwin, The Canadian Press