2020 Mi'kmaq lobster dispute
DateSeptember 17, 2020 – present
Location
Digby County and Yarmouth County, Nova Scotia, Canada
Caused byCreation of self-regulated Indigenous lobster fishery

The 2020 Mi'kmaq lobster dispute is an ongoing lobster fishing dispute between Sipekne'katik First Nation[1] members of the Mi'kmaq and non-Indigenous lobster fishers mainly in Digby County and Yarmouth County, Nova Scotia. The dispute relates to interpretations of R v Marshall, a 1999 Supreme Court of Canada ruling upholding the Halifax Treaties, empowering Indigenous Canadians the right to fish.[1] Non-Indigenous fishers negatively reacted to off-season fishing activities of a self-regulated Indigenous lobster fishery, mainly citing concerns of potential overfishing.[2]

History

The Halifax Treaties were a collection of 11 written documents produced between 1760 and 1761, which, amongst other agreements provided Native Canadians the right to fish.

In 1999, the treaty was upheld by the Supreme Court in R v Marshall (No. 1) and again affirmed Indigenous fishers the right to fish in order to support a "moderate livelihood".[1] The semantics of the ruling have caused much of the dispute.[1]

In the second decision R v Marshall (No. 2) the Court elaborated the extension of Indigenous treaty rights stating that they are still subject to regulation when conservation is proven to be a concern or other public interests. Both decisions proved highly controversial. The first elicited anger from the non-Indigenous fishing community for giving seemingly complete immunity to Indigenous peoples to fish.[3]

Reaction to the 1999 ruling from Indigenous fishers resulted in fishing occurring outside of regular fishing season. Non-Indigenous fishers in Nova Scotia and New Brunswick reacted negatively to this and retaliated, resulting in the 1999–2002 Burnt Church Crisis.

On September 17, 2020, on the 21st anniversary of the ruling, the Sipekne'katik First Nation launched their own self-regulated fishery, beginning to fish before the start of the official season on November 30, causing concern from non-Indigenous fishers that overfishing could occur.[1]

On November 9, 2020, the Mi'kmaq First Nations, along with other indigenous bands and Premium Brands Holdings Corporation announced that they had acquired Clearwater Seafoods in a $1 billion deal, although they intended to continue with the self-regulated fisheries.[4]

In late November, 2020, federal officials seized approximately 600[5] lobster traps from indigenous fishers.[5][6]

On March 3, 2021 Bernadette Jordan, Minister of Fisheries, Oceans and the Canadian Coast Guard issued a statement regarding a peaceful path forward due to the disputes.[7]

Incidents

2020

  • October 13: A 200 person protest at a lobster pound in Middle West Pubnico resulted in vandalism and lobsters being taken out of the facility.[8] That same day, a protest at a lobster pound in New Edinburgh resulted in the arson of a vehicle. RCMP later arrested 31-year-old Michael Burton Nickerson of Yarmouth in connection to the arson in New Edinburgh.[9]
  • October 14: Protests continued at the New Edinburgh lobster pound, resulting in several skirmishes.
  • October 16: A man was charged with assault on Sipekneꞌkatik First Nation Chief Michael Sack in relation to the protests at New Edinburgh on October 14.[10]
  • October 17: A lobster pound was burned to the ground [11][9] One man was injured as a result of the fire.[9][12]
  • November 14: A man was charged with assault in relation to the protests at New Edinburgh on October 14.[13]
  • November 17: A woman was charged with assault in relation to the protests at New Edinburgh on October 14.[14]
  • December 4: A man was charged with assault of a woman in relation to the protests at New Edinburgh on October 14.[15]
  • November 30: A member of Sipekne'katik First Nation was charged with unsafe operation of a vessel in relation to a Sept. 20 incident in the St. Marys Bay.[16]

2021

  • January 12: 23 people were charged in connection to the October 13, 2020 incident in which a lobster pound was burnt down.[17]

Environmental concerns

Robert Steneck, a professor of oceanography at University of Maine commented that the potential for overfishing by the Indigenous fishers in the off-season, based on the number of traps they have employed, would be minimal. He was quoted as saying "Really it would be trivial, in my view, by almost any standard".[18][2][19]

Domestic & international sales

On October 20, 2020 Eric Louis Thibault, the owner of the lobster pound which was torched, pleaded guilty for failing to report income generated for lobster sales in New Edinburgh. Thibault did not acknowledge the source of the lobster.[20]

In November 2020, crown prosecutors sought fines against Guang Da International, who in August were found guilty of distributing lobster under "communal food, social and ceremonial" licences attributed to the Sipekne'katik First Nation.[21] The lobster were tracked by Fisheries Authorities via microchips in 2017, and found to be transported to Halifax Stanfield International Airport with intention to be sold to the Chinese market.[21]

Reaction

Prime Minister Justin Trudeau called for the end of violence in the region[22] and that the RCMP should adequately protect both sides of the dispute.[23]

Restaurants and fish markets began to participate in a boycott of Nova Scotian lobster in solidarity with the First Nations.[24]

References

  1. 1 2 3 4 5 Slaughter, Graham (October 20, 2020). "Mi'kmaq lobster dispute: A conflict brewing since the 1700s". CTVNews. Toronto.
  2. 1 2 Bailey, Megan (October 20, 2020). "Nova Scotia lobster dispute: Mi'kmaw fishery isn't a threat to conservation, say scientists". The Conversation.
  3. ↑ Coates, Ken (2000). The Marshall Decision and Native Rights. p. 128. ISBN 9780773521087.
  4. ↑ Paul Withers (9 November 2020). "First Nations partner with B.C. company in $1B purchase of Clearwater Seafoods". CBC. Retrieved December 25, 2022.
  5. 1 2 MacDonald, Michael (November 26, 2020). "Seizure of lobster traps by federal officials could lead to trouble on the water: Indigenous leader". National Post.
  6. ↑ MacDonald, Michael (November 26, 2020). "Trouble brewing ahead of start to Nova Scotia fall lobster season: Indigenous leader". Atlantic.
  7. ↑ Canada, Fisheries and Oceans (March 3, 2021). "Minister Jordan issues statement on a new path for First Nations to fish in pursuit of a moderate livelihood". gcnws.
  8. ↑ Tutton, Michael (October 14, 2020). "Lobster catch destroyed, vehicle burned as tension rises over Indigenous fishery in N.S." CTVNews. Halifax.
  9. 1 2 3 Tutton, Michael (October 18, 2020). "Police presence grows in Saulnierville, N.S., after lobster pound destroyed by fire". Atlantic. Halifax.
  10. ↑ Chisholm, Cassidy (October 17, 2020), Digby County man charged after assault on Sipekne'katik First Nation chief, Nova Scotia: CBC News, Ongoing dispute between commercial fishermen, Mi'kmaw fishers over lobster catch
  11. ↑ Moscovitch, Philip (October 14, 2020), "Who is causing chaos?", On with the show, Halifax Examiner
  12. ↑ MacDonald, Michael (October 25, 2020). "Nova Scotia Mi'kmaq chief casts doubt on Ottawa's bid to quell violence over lobster". CTVNews.
  13. ↑ CBC (November 14, 2020), 2nd man charged with assault amid Nova Scotia lobster fishery tensions; Another man was arrested last month for allegedly assaulting Sipekne'katik Chief Mike Sack, Nova Scotia: CBC, retrieved August 6, 2023
  14. ↑ Quon, Alexander (November 17, 2020), RCMP charge woman with assault in connection with vandalism of New Edinburgh lobster pound, Global News, retrieved August 6, 2023
  15. ↑ The Canadian Press Staff (December 4, 2020), N.S. man faces assault charge in confrontation over Indigenous fisheries, CTV News, retrieved August 6, 2023
  16. ↑ Tutton, Michael (November 30, 2020), Mi'kmaq band councillor, two fishermen face charges in Nova Scotia fishing dispute, CTV News, retrieved August 6, 2023
  17. ↑ Quon, Alexander (2021), N.S. RCMP lay charges against 23 in ransacking of Middle West Pubnico lobster pound, Global News (published January 12, 2021), retrieved August 5, 2023
  18. ↑ Levinson-King, Robin (October 19, 2020). "Inside Canada's decades-long lobster feud". BBC News. Retrieved August 6, 2023.
  19. ↑ Minke-Martin, Vanessa (October 9, 2020). "Mi'kmaw Fishery Dispute Is Not About Conservation, Scientists Say". Hakai Magazine. Hakai Magazine. Retrieved August 6, 2023.
  20. ↑ Paul Withers (October 20, 2020). "Owner of N.S. lobster pound damaged by mob fined $20K for not disclosing 2018 sales". CBC. Retrieved December 25, 2022.
  21. 1 2 Paul Withers. (November 12, 2020).Crown seeks $75K fine for illegal First Nation lobster sales at N.S. pound CBC.
  22. ↑ Connolly, Amanda (October 16, 2020). "Trudeau calls for calm in lobster fishery dispute: 'We need to find a solution'". Global News.
  23. ↑ Tutton, Michael; Edwards, Danielle (October 16, 2020). "Policing must be adequate to keep 'everyone' safe in Indigenous lobster dispute: PM". Atlantic.
  24. ↑ "Toronto fish store stops buying lobster from N.S. fishers in wake of rights dispute". CBC. October 24, 2020. Retrieved December 25, 2022.
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