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Canada Bellegarde says calm needed in lobster dispute ahead of work to define key right

18:30  18 october  2020
18:30  18 october  2020 Source:   globalnews.ca

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National Chief of the Assembly of First Nations Perry Bellegarde says while there is work to be done on defining the treaty right of Mi'kmaq lobster fishers to fish for a "moderate livelihood" amid a worsening dispute with non-Indigenous fishers, the first step needs to be cooling the escalating tensions.

Perry Bellegarde wearing a suit and tie: Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020, to sign a protocol agreement to advance First Nations' exercise of jurisdiction over child and family services. THE CANADIAN PRESS/Sean Kilpatrick Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020, to sign a protocol agreement to advance First Nations' exercise of jurisdiction over child and family services. THE CANADIAN PRESS/Sean Kilpatrick

In an interview with The West Block's Mercedes Stephenson, Bellegarde said the situation which saw RCMP standing by as a violent mob attacked two Mi'kmaw lobster fishing compounds in southwestern Nova Scotia last week is "not acceptable."

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Read more: Trudeau calls for calm in lobster fishery dispute — ‘We need to find a solution’

The conflict was an escalation in a dispute between non-Indigenous commercial lobster fishers and Mi'kmaq lobster fishers asserting their treaty right to fish for a moderate livelihood, as was established but not clearly defined in the Supreme Court's 1999 Marshall decision.

“There's two things that have to happen on the East Coast right now," Bellegarde said.

"One, we have to make sure that there’s calm heads and that cooler heads come together so that there’s peace on the ground. That’s where we call on the Royal Canadian Mounted Police to do their jobs.”

“The next issue would be a process to work with the Mi'kmaw Nation to define what moderate livelihood means," he continued. "Defining that moderate livelihood is the next big step going forward.”

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The interview was recorded before one of the lobster pounds used by Mi'kmaq fishers was destroyed in a fire overnight on Friday. Police are calling the blaze suspicious.

Bellegarde said on Twitter Saturday that he reached out to the RCMP and federal government to express concerns.

"I demand a full and thorough investigation by the proper authorities," he said.

According to the Marshall decision, the Mi'kmaw people have “a treaty right to hunt, fish and gather in pursuit of a ‘moderate livelihood.'”

Mi’kmaq lobster fishers in southwestern Nova Scotia are asserting that right in defence of the decision to set up licensed lobster fisheries for both feeding their communities and commercial sales in the area outside of the commercial lobster fishing season.

Mobs are attacking Indigenous fisheries in Nova Scotia. Here’s what’s going on

  Mobs are attacking Indigenous fisheries in Nova Scotia. Here’s what’s going on Tensions between Indigenous and non-Indigenous fishermen have come to a head over fishing rights in Nova Scotia — a dispute that has a history spanning hundreds of years. In 1999, Canada's Supreme Court ruled in the landmark case R. v. Marshall that several treaties signed in the 1760s granting the Mi'kmaq the right to harvest and sell fish were still valid. The over 250-year-old agreement, known as the Peace and Friendship Treaties, specified that the Nova Scotia Mi'kmaq had the right to earn a "moderate livelihood." The Sipekne'katik First Nation would go on to open its own fishery in St. Mary's Bay, N.S.

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What exactly "moderate livelihood" means, however, has not been clearly established.

Read more: Sipek’nekatik lobster traps sabotaged as week of violence, anger ends

Bellegarde said the work to craft that definition needs to be done with officials from the Department of Fisheries and Oceans, something Prime Minister Justin Trudeau says will be difficult work.

“This is a situation that is extremely disconcerting,” Trudeau said during a press conference on Friday.

“That’s why we’re calling for an end to the violence and harassment that’s happening… I understand the concerns and the conflict going on right now but we need to find a solution.”

“This is not going to be an easy thing to resolve,” he continued, but said the country must continue working toward reconciliation with Indigenous people.

Bellegarde added that the issue is not one of conservation because the Mi'kmaq lobster fishers access a small fraction of the lobster fishery in question, and that the challenge is finding how to move forward.

"It’s more in the sense of, how does everybody start working together to peacefully coexist.”

AFN chief calls for resignation of RCMP commissioner as N.S. fishery dispute continues .
Assembly of First Nations National Chief Perry Bellegarde is calling on RCMP Commissioner Brenda Lucki to resign days after she defended the response of RCMP officers to an ongoing dispute between Mi'kmaw lobster harvesters and non-Indigenous commercial fishers in Nova Scotia. "Given months of civil unrest and multiple issues relating to the safety of First Nations people across the country, I will be writing to Prime Minister Trudeau to express that we have lost confidence in Royal Canadian Mounted Police Commissioner Brenda Lucki," Bellegarde said in a media statement.

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