Canada Justice Is Needed In Nova Scotia To Protect The Mi’kmaw Fishers – Violence Should Not Be Tolerated

01:40  23 october  2020
01:40  23 october  2020 Source:   msn.com

‘Terrorizing our people’: N.S. Mi’kmaw fishers have property vandalized, lobsters destroyed

  ‘Terrorizing our people’: N.S. Mi’kmaw fishers have property vandalized, lobsters destroyed On Tuesday night a facility was 'swarmed and vandalized' by commercial fishermen, said Chief Michael Sack of the Sipeknet'katik First Nation.The incidents, the latest in continuing tensions between Indigenous and non-Indigenous fishers in Nova Scotia, allegedly occurred at two locations, one in Central West Pubnico, N.S., and the other in New Edinburgh, N.S.

Violence between Mi ' kmaw and non-Indigenous fishers erupted on the waters in New Brunswick and Quebec in the weeks following the decision. As a result, the community's fishery will allow Mi'kmaq to harvest and sell their catch, under regulations enforced by Mi ' kmaw compliance officers.

between Mi ' kmaw and commercial fishers in Nova Scotia — tensions that have resulted in the harassment of Indigenous fishers , the destruction of lobster RCMP Commissioner Brenda Lucki will speak to the media today amid violence in southwestern Nova Scotia over a Mi ' kmaw lobster fishery .

(ANNews) – In order to better understand the situation unfolding in Nova Scotia, it is important to historicize the decade’s long dispute between the Indigenous fishermen and the non-Indigenous fishermen.

Marshall Law

In 1993, Mi’kmaq fisherman Donald Marshall Junior went fishing for eels off-season without a fishing licence. He sold 463 pounds of eels for $787.10. He was then arrested and charged with three offences: selling eels without a licence, fishing without a licence, and fishing during the closed season with illegal nets.

This accumulated in a years-long legal battle that went all the way to the Supreme Court of Canada, where it was affirmed that the Mi’kmaw had a right to fish whenever and wherever they wanted to, so long as it was for a “moderate livelihood.”

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

  Bellegarde says calm needed in lobster dispute ahead of work to define key right 'Defining that moderate livelihood is the next big step going forward,' said the Indigenous leader.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.

Tempers are again flaring up in Nova Scotia over the Supreme-Court- protected rights of Indigenous lobster harvesters to fish outside the commercial season. As Ross Lord explains, the situation is getting violent .

Tempers are again flaring up in Nova Scotia over the Supreme-Court- protected rights of Indigenous lobster harvesters to fish outside the commercial season. As Ross Lord explains, the situation is getting violent .

The words “moderate livelihood” are incredibly important here as the court ruling did not specify exactly what they mean. Some of the other language used in the ruling is also open-ended, such as the affirmation that the Mi’kmaw did not have a right to “open-ended accumulation of wealth,” but are instead only allowed to fish for “necessaries.” The language used in the ruling was taken directly from “peace and friendship treaties,” which were signed between 1760-1761.

The court determined that a “moderate livelihood” were basics, including “food, clothing and housing, supplemented by a few amenities” but not the accumulation of wealth. “It addresses day-to-day needs. This was the common intention in 1760,” the court said in its decision.

Fire destroys lobster facility in southwest Nova Scotia amid escalating fishery tensions

  Fire destroys lobster facility in southwest Nova Scotia amid escalating fishery tensions A fire that police are calling suspicious destroyed a lobster pound in Middle West Pubnico, N.S., early Saturday. The blaze broke out at one of two facilities raided and vandalized by commercial fishermen in southwest Nova Scotia earlier this week protesting the "moderate livelihood" fishery launched by Sipekne'katik First Nation last month. Mi'kmaw fishers were storing their catches at the facilities. In a news release Saturday morning, the RCMP said they responded to the blaze at about midnight Saturday. Police say the fire is suspicious, and a man is in hospital with life-threatening injuries believed to be related to the fire.

support to Nova Scotia amid criticism that Ottawa has not done enough to protect Mi ' kmaw fishers under Violence should not be tolerated . Period. 0 ответов 0 ретвитов 4 отметки «Нравится». This will be a big help. Nothing warms the hearts of indigenous People, particularly the Mi 'kmaq, like

The Mi ' kmaw nation has existed in what is now Nova Scotia for thousands of years, and is made up of thirteen Bands/First Nations, each of which is governed by a Chief and Council. In Nova Scotia , as in the rest of Canada, the Aboriginal population is much younger than the rest of the population.

The ruling also concluded that the treaty rights were not unlimited and that there was a way that it could be regulated, but there has been no system set in the past two decades since.

Dwight Newman, a law professor at the University of Saskatchewan who specializes in Indigenous rights, say that the language was intentionally left open-ended in order to encourage a dialogue between the Mi’kmaw and the Government of Canada. “We can critique them after the fact for that, but I think they hoped for negotiation between the federal government and the First Nations to give further definition to that.”

Present Day

What is happening in Nova Scotia today is a product of the rulings, or rather, the lack of dialogue and work done by the Government with the fishermen since then.

On October 17, in Middle West Pubnico, N.S., an enormous fire completely destroyed a lobster pound being used by Mi’kmaw fishermen – no one was inside the building at the time – which the RCMP have determined to by “suspicious” and have launched an on-going investigation. Unfortunately, that is just the most recent event regarding the fishing crisis.

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.

It is harmful behaviour that should not happen. To improve how we address domestic violence , we need to build on services that work well in Nova Scotia and elsewhere. We need to develop frameworks for evaluation by working with those who provide services and those who both need and

You are here: Personal Directives in Nova Scotia . The Department of Justice is collaborating with the Department of Health, the It allows individuals to set out instructions or general principles about what or how personal care decisions should be made when they are unable to make the decisions

Earlier that same week, on Tuesday, approximately 200 angry non-Indigenous fishermen barricaded Mi’kmaq fisherman inside the same lobster pound, ransacked it by destroying a Mi’kmaw fisherman’s vehicle and dumped more than 3,000 pounds of lobster into the ocean.

Mi’kmaw fisherman Jason Marr, who was on the inside of the building during the dispute, said “They vandalized (my van) and they were peeing on it, pouring things into the fuel tank, cutting electrical wires.

“I thought they were gonna kill me.”

Sipekne’katik First Nation Chief Mike Sack released a statement Saturday saying that the fire “illustrates the need for greater police presence in the region… I do believe with the proper police presence, however, this could have been avoided.”

“I am once again calling on Prime Minister Trudeau and the RCMP to dedicate the necessary resources to this region to protect everyone. I am extremely concerned that someone is going to hurt or worse,” Sack added.

Again, these are just a few things that happened, another event included between 150 and 200 lobster traps lost after non-Indigenous commercial fishers cut lines and destroyed buoys.

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The Provincial Victim Services Program, Nova Scotia Department of Justice , provides information and assistance to victims of crime. Television and still cameras and tape recorders are allowed in the courthouse but they are not allowed in the courtroom unless the judge agrees.

compounds in southwestern Nova Scotia on Tuesday, one of the latest incidents between Mi ' kmaw fisherman and non-Indigenous fishermen, media asked Miller called the incident "alarming" and that "space needs to be given for negotiations to be had under very difficult circumstances" with Chief

The RCMP were criticized for their lack of action regarding the terrorism perpetrated against not only the Mi’kmaw people, but to every Indigenous person across Canada, to which they responded by saying that the matter was not a policing issue, but a political one.

“Disputes related to fisheries laws are, regrettably, not new. But they’re also, at their core, not policing issues. They’re inherently political issues that we are calling on federal and provincial governments to address in partnership with Indigenous peoples and all affected parties,” said Brian Sauvé, president of The National Police Federation, which represents roughly 20,000 RCMP members.

The Federal Response

Prime Minister Justin Trudeau said, “This is a situation that is extremely disconcerting. 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.”

Chief Sack said if the federal government won’t negotiate with the Mi’kmaq to help define “moderate livelihood,” they’ll define it themselves. “The treaty’s between both of us,” he said. “They haven’t been upholding it like they should, so if they’re not capable of doing that, we’ll get it defined ourselves.”

House of Commons to hold emergency debate on attacks at Mi’kmaq lobster fisheries

  House of Commons to hold emergency debate on attacks at Mi’kmaq lobster fisheries Four cabinet ministers and the NDP have requested an emergency debate in the House of Commons over a treaty dispute between commercial fishermen and Mi'kmaq fishers.Speaker Anthony Rota approved the request for an emergency debate Monday afternoon from Fisheries Minister Bernadette Jordan and NDP MP Gord Johns. The move comes after a weekend of violence that saw one Mi'kmaq lobster fishing compound burnt to the ground.

Several Alberta First Nations are voicing their support and solidarity for the Mi’kmaw fishers, including Cold Lake First Nation, Alexis First Nation, AFN Alberta Regional Chief Marlene Poitras and others.

Driftpile Cree Nation released a statement displaying their support for the Mi’kmaw people, “Following weeks of escalating violence towards the Mi’kmaq peoples in Nova Scotia, it is telling that such actions have emanated largely from a complete lack of knowledge or awareness of Treaty with Indigenous peoples in Canada.

“In addition, the complete lack of action from the Federal Government, Prime Minister Trudeau, the RCMP and other levels of Canadian government sends dog whistles to certain individuals within our country that the violence and ignorance happening on Mi’kmaq territory is acceptable.

“Prime Minister Trudeau once remarked that a ‘Canadian, is a Canadian, is a Canadian.’ Indigenous peoples in Canada should, and must, be treated equally, and with respect.”

The Confederacy of Treaty 6 First Nations also released a statement in solidarity with the Mi’kmaw, “The Confederacy of Treaty Six First Nations Chiefs are sickened to see our relatives endure terroristic attacks on their own Traditional Territory, with little to no protection from the Canadian government. Indigenous Peoples across Turtle Island are disturbed and outraged at the lack of care, compassion, and support that this Canadian Government has offered to the Mi’kmaq people in the face of racism. It is shameful how this government, our Treaty partners, have allowed this type of behavior to carry on for as long as it has. Even after a direct plea to uphold the order of the law from Chief Sack, Prime Minister Trudeau, has managed to avoid that responsibility.

“The people of Treaty No. 6 will continue to pray for each of you, be assured that when the time comes and we are needed at your side, we will be there.  Our people will ride the waters to your home fires and stand together with your people, peacefully, under the watch of our creator.”

Senator Murray Sinclair criticized the federal government and the RCMP for not keeping the peace between Mi’kmaw and non-Indigenous fishers. The federal government’s response has been “an abject failure,” he said.

“I’m disheartened by the fact that the government’s leadership — the leadership of this country — is not stepping up to the plate.”

“When it comes to the issue of the fishery itself, the Mi’kmaq people clearly have a right that is a higher right than the commercial fishers have, and the commercial fishers don’t recognize that,” said Sinclair. “The commercial fishers that are the ones who are attacking the Mi’kmaq in the exercise of their right are acting to protect their licensed position.”

Jake Cardinal is a Local Journalism Initiative Reporter for Alberta Native News.

Jacob Cardinal, Local Journalism Initiative Reporter, Alberta Native News

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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