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?

• Through an array of collaborative arrangements and nation-to-nation agreements, Fisheries and Ocean Canada works with Treaty Nations to uphold the treaty right, advance reconciliation, and protect fishery resources for the benefit of all.
• Fisheries and Ocean Canada programs have enabled benefits to communities of over $170 million in annual landings and over $100 million in secondary economic benefits.
• While we have seen successes, we recognize that there are limitations with the current approaches.
• Fisheries and Ocean Canada intends to work in collaboration with Treaty Nations to determine the new path forward in a manner that meets the needs of communities.

• 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 23 years, Fisheries and Ocean Canada (DFO) has provided 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).
• Since 2000, these investments have resulted in meaningful economic benefits which continue to increase year over year. The cumulative revenue (landed value and diversification) for Treaty Nations’ commercial fishing enterprises is now over $2 billion.
• DFO has been negotiating Rights Reconciliation Agreements (RRA) with Treaty Nations, with the objective of addressing and recognizing their historic treaty right (affirmed by the Marshall decisions) 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 defining the Moderate Livelihood right.
• 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.
• 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, since 2021, ten understandings with 15 Treaty communities have been reached for lobster and/or elver, and there is an interest in continuing these understandings for the 2023 fishing seasons.
• DFO is currently planning for the next phase of moderate livelihood implementation, which will involve working collaboratively with Treaty Nations to determine the new path forward.”
• There are several active litigations related to the Treaty right, including a claim by a Treaty community challenging DFO’s implementation of the right, and a judicial review by an industry group challenging the legality of one of the RRAs.
• In October 2020, the Minister 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 Indigenous-Industry 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. 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. However, non-indigenous industry remains critical of being excluded from discussions with Treaty Nations and lack of transparency regarding Canada’s long-term approach to rights-based fishing.
• The Standing 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. A Government Response will be publicly provided in February, 2023.

If pressed on access acquisition
• The Department prefers to use a voluntary licence 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.
• As needed, my department will also consider alternate access and allocation mechanisms to support rights-based fishing.
• Discussions are ongoing with industry to find ways to ensure that voluntary licence relinquishment is delivering the access needed in a timely and affordable manner.