Question Period Note: Indigenous moderate livelihood fishing Atlantic Canada

What is the Government doing to ensure that Indigenous peoples can exercise their right to fish on Canada’s East Coast

• Indigenous communities in New Brunswick, Prince Edward Island, Nova Scotia, and the Gaspe region of Quebec have the right to fish in pursuit of a moderate livelihood. My department continues to make progress implementing the right, working with the communities.
• Over the past 21 years, the Government has invested $630 million in fishing license, vessels, gear, and training to help increase and diversify participation in commercial fisheries, and to advance the implementation of the right to fish in pursuit of a moderate livelihood . This has had a meaningful economic benefit to the 35 treaty nations that have been in receipt of financial aid.
• The Government is committed to advancing reconciliation and renewing the relationship with Indigenous peoples, based on recognition of rights, respect, cooperation and partnership.

• The Supreme Court of Canada formally recognized a Right of Indigenous people in Atlantic Canada to hunt and fish for a moderate livelihood in 1999. This Treaty Right touches 35 Indigenous communities (Mi’kmaq and Wolastoqiyik First Nations in New Brunswick, Prince Edward Island, Nova Scotia, and the Gaspé, Region of Quebec) as well as the Peskotomuhkati Nation at Skutik in New Brunswick.
• Over the past 21 years, DFO has invested over $630 million in fishing licences, vessels, gear and training to help increase and diversify participation in commercial fisheries, and to advance the implementation of the right to fish in pursuit of a moderate livelihood, for the 35 rights-holding Mi’kmaq, Wolastoqey First Nations (FNs) and the Peskotomuhkati Nation at Skutik (total of 35 Treaty Nations). These investments have resulted in meaningful economic benefits which continue to increase year over year. For example, annual landed value among these Treaty Nations has increased from $3 million in 1999 to over $170 million as of 2018, an increase of 5600 per cent. Additionally, over $100 million of yearly revenue is now generated through fisheries-related businesses (e.g., processing, aquaculture) owned and operated by Atlantic FNs.
• DFO is currently negotiating Rights Reconciliation Agreements (RRA) with some Treaty Nations, with the objective of addressing and recognizing their historic treaty right (affirmed by the Supreme Court of Canada’s Marshall decisions of 1999) and to ensure a stable and predictable fishery for the benefit of all Canadians.
• The RRA process was launched in 2017 and provided a mandate to negotiate enhanced fisheries collaborative management, fisheries governance and increased fisheries access, all while recognizing but not attempting to define the Moderate Livelihood (ML) right.
• In 2021, a new pathway to rights implementation was announced through the development of Moderate Livelihood Fishing Plans (MLFPs).
• MLFPs are conducted within established commercial seasons, include other restrictions similar to those of regular commercial licences, and are harvested exclusively by community members for their own benefit. Of note, these are understandings, not agreements. Treaty Nations produce a community-based fishing plan and DFO produces an authorization parallel to the plan.
• To date in 2022, four understandings with four Treaty communities for lobster and two understandings with nine Treaty communities for elvers have been reached, and there is an interest in continuing these understandings in future fishing seasons, including for the lobster season that will open starting in October.
• To date, there are three RRAs with four FNs (25 per cent of the total Treaty communities’ population) and the potential for more RRAs before the mandate expires in April 2023.
• Work is underway now to plan a consultation with Treaty Nations and develop options for a new long-term negotiating approach and mandate, building on the ML questionnaire that was circulated to Treaty Nations in July 2021.
• There currently are three litigations that have been launched (one by industry and two by Treaty communities) challenging the Ministers authority when it comes to entering into an agreement and regulating the ML fishery.
• Supporting Indigenous-industry relationships around the issue of ML fishing is a priority as negotiations advance on RRAs or through MLFPs. To that effect, in October 2020, the Ministers of Fisheries, Oceans and the Canadian Coast Guard and the Minister of Crown-Indigenous Relations appointed Allister Surette as Federal Special Representative, as a neutral third party to: gather the different perspectives on the issues contributing to the conflict; seek to build understanding and find common ground in order to reduce tensions between Treaty Nations and industry; and identify opportunities to improve relationships. Mr. Surette submitted his final report and recommendations in March 2021, and DFO has made progress in implementing some of the recommendations.
• The Department continues to have regular and frequent meetings at various levels with non-Indigenous fishing industry stakeholders to answer questions about moderate livelihood fishing and provide industry an opportunity to share its views.
• In the last Parliament, the House of Commons Standing Committee on Fisheries and Oceans undertook a study on the “Implementation of Mi’kmaw and Maliseet Treaty Right to Fish in Pursuit of a Moderate Livelihood.” A report with 40 recommendations was tabled in the House of Commons in May 2021 and subsequently re-adopted following the federal election. A Government Response was provided on June 21, 2022, that addressed the recommendations at a high-level based on their four themes.
• The Senate Committee on Fisheries and Oceans released the report entitled “Peace on the Water: Advancing the Full Implementation of MI’kmaq, Wolastoqiyik and Peskotomuhkati Rights-Based Fisheries” on July 12, 2022.

• Consistent with conservation objectives, the Department prefers to use a voluntary relinquishment approach, also known as willing buyer-willing seller, to acquire fishing access for Indigenous rights-based fishing as it promotes conservation, transparency, and stability in the fishery.
• Discussions are ongoing with fishing associations to find ways to ensure that the willing buyer-willing seller model is delivering the access needed in a timely and affordable manner.