Commercial fishers are fighting the rights of the Mi'kmaw people to set lobster traps and fish at any time of the year.
HALIFAX, Nova Scotia-Mi'kmaw fishers dropping lobster traps as part of their livelihood are facing intimidation and vandalism at the hands of protesting Acadian commercial fish harvesters from communities around southwestern Nova Scotia.
Sipekne'katik First Nation is the first band to start its own Moderate Livelihood fishery, with two other bands, Paqtnkek and Potlotek, soon to follow. The band has seven licenses, but only three of them are being fished right now, with 50 traps per boat.
However, non-Mi'kmaw commercial fishers are protesting because they say Mi'kmaw fishers are dropping lobster traps out of season.
Dozens of non-Indigenous fishermen are keeping a constant presence in St. Mary's Bay; at times from a distance and at other times surrounding Mi'kmaw lobster boats, cutting their lines and hauling up Mi'kmaw traps.
Sipekne'katik band member Cheryl Maloney says each boat has lost about $5,000 worth of traps due to vandalism by non-Indigenous fishers.
Assembly of Nova Scotia Chiefs are calling on Fisheries and Oceans Minister Bernadette Jordan and Crown-Indigenous Relations Minister Carolyn Bennett to speak out against racism and violent confrontations toward the Mi'kmaq.
"Non-Indigenous fishers and citizens are putting the safety of our people at risk. DFO and the RCMP must address the harassment and illegal activities taken against our people," said Chief Terry Paul, "and they must enforce and charge those who are cutting and stealing our traps, shooting flares at our boats, and threatening the lives of our people."
"We're not looking for access," said Chief Mike Sack. "We already have access."
The Mi'kmaq signed Peace and Friendship Treaties in the mid 1700s. A 1752 Treaty agreed that the Mi'kmaq "shall not be hindered from, but have free liberty of Hunting & Fishing as usual." The Supreme Court of Canada upheld this right for the Mi'kmaq.
In 1999, the Supreme Court of Canada upheld the Mi'kmaq right to fish and sell their catch to earn a moderate livelihood. But the term, "moderate livelihood" has never been defined.
A Moderate Livelihood is supposed to allow a Mi'kmaw individual to make a living off resources. As a sovereign nation on unceded territory, the Mi'kmaw have jurisdiction to make their own rules for their fishery.
While some non-indigenous commer-cial fishers say conservation is a concern, according to the Department of Fisheries and Oceans (DFO), the lobster stocks are healthy and the landing of lobster has doubled in the past 20 years.
Sipekne'katik First Nation has seven licenses and only three are being used at the moment. Each license has 50 traps for a total of 150 traps. The commercial fishery in that zone allows for up to 390,000 traps.
"Our Rights were affirmed in the Canadian Constitution and the right to fish for a moderate livelihood was reaffirmed by the Supreme Court of Canada," said Paul. "While the public may not comprehend a fishery outside the realm of the Department of Fisheries and Oceans, that does not make our fishery illegal.
"We called on Canada to help educate the public on the truth and to address the systemic racism that has been a major part in denying our ability to exercise our rights."
