Today marks 21 years since the Supreme Court of Canada affirmed the Mi’kmaq’s Constitutional right to hunt, fish and gather in the pursuit of a Moderate Livelihood in R v. Marshall. Despite our rights being affirmed by the highest courts in the country, exercising these rights continues to bring frustrations, conflict and hardships to our people.
This week, the Assembly of Nova Scotia Mi’kmaw Chiefs, along with Potlotek’s Chief Wilbert Marshall, sent a formal request for consultation under the Terms of Reference for a Mi’kmaq-Nova Scotia-Canada Consultation Process (TOR), to Minister Jordan to inform and discuss Potlotek’s Netukulimk Livelihood Fishery Management Plan. Despite the Supreme Court saying the Minister has rather power to regulate, DFO has never proposed or consulted with the Mi’kmaq on justifiable regulations for our livelihood fishery.
“We have been trying to negotiate a long-term plan with DFO for years,” said Chief Terrance Paul, Fisheries Lead for the Assembly of Nova Scotia Mi’kmaw Chiefs. “Through consultation, we hope to find a path forward immediately. Our communities are going fishing and we want to ensure that they don’t have to be fearful of being harassed or charged”.
The consultation request to Minister Jordan included a copy of Potlotek’s plan to harvest lobster in exercise of their treaty right to fish for a moderate livelihood.
“Our community members have developed a Livelihood Plan and ...