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 fishing seasons or areas.

• 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 and 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.

If pressed:
• Food, social and ceremonial licences reflect consultation outcomes, regulations, and management measures to promote conservation and a safe and orderly fishery.
• Fishery Officers use a range of strategies and work with Indigenous communities to ensure food, social and ceremonial fishing occurs in accordance with the conditions of licence and the Aboriginal Communal Fishing Licences Regulations.