Question Period Note: Food, Social, and Ceremonial Fisheries

• The right to fish for food, social and ceremonial purposes is protected under section 35 of the Constitution Act, 1982.
• My department issues food, social, and ceremonial fishing licences to Indigenous communities—typically following consultations—to implement this communal right.
• Indigenous harvesters designated by their communities can catch what is needed for themselves or for their community for food, social and ceremonial purposes.
• Food, social, and ceremonial fishing varies by community throughout the year, and is not always aligned with commercial seasons or areas.v

BACKGROUND
• Over the years, various court decisions (particularly the 1990 Sparrow decision) have found that certain Indigenous groups have the right to fish for food, social, and ceremonial (FSC) purposes – essentially, the right to fish to meet the specific needs of their communities.
• Following Sparrow, Fisheries and Oceans Canada (DFO) established a policy to broadly provide FSC access to Indigenous groups across the country, this includes both Section 35 rights holders as well as other Indigenous organizations, such as native councils.
• Typically, FSC licences are developed following consultations with affected Indigenous groups and conditions of the licence are based on specific considerations present within each Indigenous community.
• Once a communal licence is issued to a community, individual Indigenous harvesters are designated by their communities to access the FSC fishery, as specified under the Aboriginal Communal Fishing Licences Regulations.
• Financial contributions through the long-standing Aboriginal Fisheries Strategy support the development of community-based capacity to manage and monitor FSC harvesting, and to collaborate with DFO in related technical, scientific or compliance-oriented fieldwork, including by Aboriginal Fishery Guardians.
• DFO will continue to conduct monitoring, control and surveillance activities, with the objective of ensuring access to sustainable, orderly, and safe fisheries in support of the Department’s management objectives.
• Recent consultation efforts have been aimed at improving FSC access to better meet community needs, improving FSC lobster management, integrating marine mammal mitigation, among other things.
• In consultation and cooperation with national and regional Indigenous organizations and communities, DFO is initiating a review of the 1993 Policy for the Management of Aboriginal Fishing.
• Consultations will continue with Indigenous partners across Canada to facilitate FSC community needs.
 

• The right to fish for food, social and ceremonial purposes is protected under section 35 of the Constitution Act, 1982.
• My department issues food, social, and ceremonial fishing licences to Indigenous communities—typically following consultations—to implement this communal right.
• Indigenous harvesters designated by their communities can catch what is needed for themselves or for their community for food, social and ceremonial purposes.
• Food, social, and ceremonial fishing varies by community throughout the year, and is not always aligned with commercial seasons or areas.