Question Period Note: Indigenous Moderate Livelihood Fisheries

• Our government is committed to its relationship with Indigenous peoples.
• The Supreme Court of Canada recognized a right to harvest in pursuit of a moderate livelihood and DFO has been working at negotiation tables to implement the right in communities across the East Coast and Quebec.
• We continue to work with Indigenous communities on fisheries programs and initiatives in a spirit of respect and reconciliation.

If pressed on the lobster fishers currently protesting in Atlantic Canada

• I am deeply concerned for the health and safety of all individuals given what is currently taking place in the Atlantic.
• A meaningful conversation took place with the Nova Scotia Chiefs and I look forward to continuing these discussions.
• We remain committed to Reconciliation and continue to work together on the path forward for the implementation of First Nation’s Treaty Rights.

• In Atlantic Canada, the Department is currently in negotiations on Rights Reconciliation Agreements (RRA) with 34 Mi’kmaq and Maliseet First Nations, and the Peskotomuhkati Nation, with the objective of addressing and recognizing the historic treaty rights (Supreme Court of Canada Marshall Decision of 1999), including the right to fish for the purpose of pursuing a moderate livelihood, and to ensure a stable and predictable fishery for the benefit of all Canadians.
• These agreements are time-limited (10 years) with an option for renewal; provide for signatory First Nations to develop approaches to fishing to meet their particular objectives and importance to their communities, such as an emphasis on jobs or income; and put in place fisheries governance structures and processes to enhance the collaboration between First Nations and Fisheries and Oceans Canada (DFO).
• Access to commercial fisheries for the pursuit of a moderate livelihood will be through voluntary licence relinquishment, i.e. transferring access/licence through the open market.
• The Department has been successful in signing two RRAs, one with the Maliseet of Viger First Nation (Quebec) and the other one with the communities of Elsipogtog and Esgenoôpetitj (Mi’kmaq of New Brunswick).
• A number of First Nation members across the Atlantic Region have grown frustrated with the slow progress on negotiations and have conducted their own fisheries in pursuit of a moderate livelihood.
• The Department continues to have discussions with First Nations on the recognition of rights and encourages that this dialogue take place at the negotiation table and not on the water.
• The Department continues to have Senior level departmental officials (including ADM, FHM) meeting with Atlantic lobster industry to provide status of stepped-up enforcement of illegal sales, answer questions on moderate livelihood negotiations and provide industry an opportunity to share their views.
• In September 2020, lobster fishers have set up protests in southwest Nova Scotia to voice their frustrations for what they perceive as DFO inaction against illegal fishing. As of September 7, 2020 over 500 unauthorized lobster traps were removed from St. Mary’s Bay as part of DFO compliance operations. This is in addition to the focused enforcement operations on large scale unauthorized harvesting operations.
• You met with Minister Bennett and the Nova Scotia Chiefs on September 21, 2020. Discussions were positive and you issued a joint statement with Minister Bennett on the way forward for reconciliation and the implementation of Moderate livelihood fisheries.
• Building indigenous-industry relationships around the moderate livelihood fishery is a priority as negotiations advance on Rights Reconciliation Agreements.

FSC
• The 1990 Sparrow Supreme Court of Canada decision was the first of several rulings finding that First Nations have an Aboriginal right (recognized and affirmed under section 35(1) of the Constitution Act, 1982) to fish for FSC purposes and that this right takes priority—after conservation—over other users of the resource.
• DFO introduced the (AFS) to provide a framework for managing Indigenous fisheries in a manner consistent with the Sparrow decision. Through the AFS, DFO and First Nations seek to negotiate mutually acceptable and time-limited fisheries agreements. These agreements contain provisions related to amounts that may be fished for FSC purposes, species, gear, area, and other factors for the co-operative management of the FSC fishery.
• Once a Communal licence is issued to a community, individual Indigenous harvesters are designated by their communities to fish for FSC purposes, as specified under the Aboriginal Communal Fishing Licences Regulations.
• The Department’s position has been that FSC catches cannot be sold.
• Food security continues to be an issue in First Nation communities. Many Nations continue to stress that FSC allocations often do not meet their food security needs.
• Food security concerns have been heightened during the Covid-19 crisis, particularly for those communities who are isolated and have few alternatives for protein, and for Elders and at risk populations.
• FSC licensing is continuing as normal and flexibilities around fishing are being considered on a case by case basis and in light of this food security issue.

Food, Social and Ceremonial (FSC) Fisheries
• First Nations have an Aboriginal right to fish for FSC purposes and that this right takes priority—after conservation—over other users of the resource.
• Through the Aboriginal Fishing Strategy (AFS), DFO and First Nations seek to negotiate mutually acceptable FSC fisheries agreements.
• These agreements contain provisions related to amounts that may be fished for FSC purposes, species, gear, area, and other factors for the
co-operative management of the FSC fishery.
• During this pandemic, these fisheries are particularly important to address the challenge of food security for those communities who have few alternative food sources.
• We work with all harvesters to ensure that the Fisheries Act is followed, and Indigenous fishing rights are respected.