Living Treaties - Part 1 | APTN Investigates

Summary

This video explores the ongoing struggle of the Mi'kmaq people in asserting their inherent right to fish, following the landmark Marshall decision of 1999. The narrative highlights the challenges faced by individuals like Marilyn Lee Francis and the broader Mi'kmaq community, who continue to fight for their rights to fish for a moderate livelihood. Despite the Supreme Court's ruling affirming treaty rights, tensions persist with the Department of Fisheries and Oceans (DFO), leading to conflict, frustration, and a demand for a fairer system. The video sheds light on the historical and present-day struggles for justice, economic equality, and sovereignty.

Takeaways

• 😀 Marilyn Lee Francis has been fishing lobster in Nova Scotia since she was 14, asserting her inherent right to fish outside the government-regulated system.
• 😀 The Marshall decision (1999) upheld Indigenous fishing rights under historical peace and friendship treaties, but its implementation has been marked by conflict and frustration with the Department of Fisheries and Oceans (DFO).
• 😀 The Supreme Court's Marshall decision led to an intense backlash, including the 'Burnt Church Crisis,' where Mi'kmaw fishermen clashed with DFO and local authorities over fishing rights.
• 😀 The term 'moderate livelihood,' introduced by the Supreme Court, remains vague and has led to ongoing disputes regarding what it truly means for Indigenous communities.
• 😀 Many Mi'kmaw leaders feel the fishing agreements signed with DFO are unfair, as they often fail to adequately address treaty rights and restrict Indigenous control over their fisheries.
• 😀 Some Mi'kmaw communities, such as Eel Ground, are struggling economically, with high unemployment and food insecurity, despite having access to fishing rights through the Marshall decision.
• 😀 While the fishing industry is a significant economic driver for some Mi'kmaw communities, others, like Eel Ground, are excluded from lucrative opportunities like snow crab fishing due to restrictive agreements with DFO.
• 😀 The DFO's approach has often been seen as divisive, with some communities being offered better fishing deals while others are left behind.
• 😀 Marilyn Lee Francis and others like her continue to assert their fishing rights without government licenses or tags, pushing back against legal restrictions that limit their ability to sell catch.
• 😀 The Mi'kmaw's fight for fishing rights is part of a broader, ongoing struggle for Indigenous sovereignty, with many advocating for a system where they can fish freely based on their ancestral rights, rather than government-imposed regulations.

Q & A

Who is Marilyn Lee Francis and what is her role in the fishing community?

Marilyn Lee Francis is a Mi'kmaq woman who has been fishing in southwest Nova Scotia since she was 14 years old. She asserts her inherent right to fish, rejecting the need for tags or licenses imposed by the Department of Fisheries and Oceans (DFO), claiming that this right is protected by the peace and friendship treaties.

What is the significance of the 1999 Supreme Court Marshall decision?

The 1999 Marshall decision upheld the treaty rights of Mi'kmaq and other Indigenous peoples to fish for a moderate livelihood, without the constraints of Canadian government regulations. This decision was a significant step in recognizing Indigenous sovereignty over their traditional practices, especially fishing.

What is the main point of contention following the Marshall decision?

The primary issue after the Marshall decision has been the definition and implementation of a 'moderate livelihood.' While the Supreme Court recognized this right, it did not provide clear guidelines on what constitutes a moderate livelihood, leaving it up to government regulations, which many Indigenous fishers view as insufficient and unfair.

What happened during the 'Burnt Church crisis'?

The Burnt Church crisis, also known as the lobster wars, erupted after the Marshall decision when Mi'kmaq fishers in southwest Nova Scotia asserted their rights to fish commercially. Tensions escalated as DFO officers and non-Indigenous fishers clashed with the Mi'kmaq community, leading to confrontations, arrests, and a large-scale military presence.

How did the Canadian government respond to the Marshall decision?

In response to the Marshall decision, the Canadian government initially tried to regulate the Indigenous fishery through negotiated agreements, offering financial assistance for fishing equipment, licenses, and training. However, these deals were seen by many as unfair because they still placed Indigenous fishers under government control and did not adequately address the inherent treaty rights.

What is the main issue with the fishing deals offered by DFO?

The main issue with the fishing deals offered by DFO is that they did not fully respect Indigenous treaty rights. Instead of recognizing the Mi'kmaq's right to self-regulate their fisheries, the deals tied them to the existing commercial fishing regulations and allowed the government to retain significant control over their fishery operations.

What are some of the economic and social challenges faced by Indigenous communities in the fishing industry?

Indigenous communities, particularly in areas like northern New Brunswick, face significant economic challenges. High unemployment rates, food insecurity, and low household incomes are prevalent. While some bands have access to lucrative fisheries, others are excluded, leaving them struggling to make a living. This disparity has fueled calls for greater equality and access to resources.

Why do some Mi'kmaq leaders believe the Marshall decision has not been fully implemented?

Many Mi'kmaq leaders feel that the Marshall decision has not been fully implemented because the government continues to regulate fishing through deals that fail to respect their treaty rights. They argue that while the government recognizes the right to fish, it has not allowed full control or sovereignty over fishing practices and economic opportunities.

How does Marilyn Lee Francis describe her approach to fishing?

Marilyn Lee Francis describes her approach to fishing as a way of asserting her inherent rights, fishing in the same way her ancestors did. She emphasizes that her fishing is not about profit but about survival and reclaiming the rights that were granted to her people through treaties.

What role does the Department of Fisheries and Oceans (DFO) play in the fishing rights issue?

The DFO is central to the ongoing conflict regarding Indigenous fishing rights. It regulates commercial fisheries, including those involving Indigenous communities. The DFO has been involved in enforcing fishing regulations, often in conflict with Indigenous fishers who assert their rights based on the treaties, leading to ongoing legal battles and tension.