By Canadian Press

Draft fishery deal possibly a ‘historic recognition’ of treaty rights: Mi’kmaq chief

Nov 29, 2020 | 12:51 PM

SAULNIERVILLE, N.S. — A draft agreement between Ottawa and a Nova Scotia First nation over a “moderate livelihood” fishery has the potential to be a historic recognition of Mi’kmaq treaty rights, the community’s chief said Sunday.

Mike Sack of Sipekne’katik First Nation said he is reviewing a draft memorandum of understanding he received from the office of Fisheries and Oceans Minister Bernadette Jordan late Friday.

He said the Sipekne’katik Treaty Fishery agreement would allow the Mi’kmaq community to legally sell their catch.

“It’s very significant,” Sack said in an interview. “It can help lift our people out of poverty.”

He said lawyers for the community are going over the agreement and clarifying a few points to ensure nothing infringes on the treaty rights of future generations.

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But the chief said he’d like to get a deal finalized as soon as possible, noting that “these last couple of months have seemed like a lifetime to us.”

Mi’kmaq fishers faced violence and vandalism last month after launching a rights-based fishery in southwest Nova Scotia. 

The attacks prompted widespread condemnation and calls for clarification on Mi’kmaq treaty fishing rights. 

Sack said the agreement would make good on the Supreme Court of Canada’s recognition of Indigenous treaty rights in its landmark 1999 Marshall decision.

The ruling affirmed the Mi’kmaq treaty right to fish for a “moderate livelihood,” though the top court later clarified that the federal government could regulate the fishery for conservation and other limited purposes.

This report by The Canadian Press was first published Nov. 29, 2020.

The Canadian Press