Nova Scotia lobster war
- Thread starter Hoid
- Start date
Their livelihood has been defined - what has not it exactly how the term 'moderate' is applied. How many lobster should they be allowed to take? I have little doubt that the majority of FN fishermen/women will not abuse their right but all it takes is a few bad apples to spoil the barrel for all.
I agree, and each case should be judged on it's own merit...
About 15 years ago,a few friends and I used to drive 3/4 of an hour to a well hidden lake and catch our limit of 6 pickerels,
Walleyes to our American friends...
Our limit was pretty much guaranteed ..
Until one time we skunked out.
When we got out to my truck the ministry of natural resources, was waiting for us..
That's how we learned that a bunch of commercial fishermen Natives from southwestern Ontario had been in there with gill nets and cleaned it out!
Well that didn't turn me off on all natives because 5 years later in the same general area in early august, two natives, flag me down and ask me if I would haul a moose to town for them, I say OK but I'll have to call my wife to tell her I'll be late.
I take a short walk down the road and I call the Ministry to see if i"ts all right for me to do that.
He says, no problem as long as I don't accept any payment...
And I didn't...
This is 11 fishermen each getting a license for 50 traps.
It isn't about every indian being able to go and catch all the lobster they want.
The violence is over 11 indian fishers be allowed 550 traps a month before the white guys get their 400,000
Another stumbling block for FN Lobster fishermen
'Blacklisted:' Nova Scotia First Nation pulls commercial lobster boats from the water
Interesting never thought of securing purchasing agreements before catching Lobsters
'Blacklisted:' Nova Scotia First Nation pulls commercial lobster boats from the water
Interesting never thought of securing purchasing agreements before catching Lobsters
A lot of misinformed commentary on this issue.
The side of what you would call the non indigenous fishers is very poorly represented,
IN short - the same native fishers that are granted these aboriginal rights licenses are already and always have been part of the regular commercial fishery. Therefore whatever a moderate living is they already have that.
Why these issues cannot be reported on and discussed in a rational way I do not know.
They seemingly must be framed in such a way as to totally exclude the actual arguments
The side of what you would call the non indigenous fishers is very poorly represented,
IN short - the same native fishers that are granted these aboriginal rights licenses are already and always have been part of the regular commercial fishery. Therefore whatever a moderate living is they already have that.
Why these issues cannot be reported on and discussed in a rational way I do not know.
They seemingly must be framed in such a way as to totally exclude the actual arguments
Mi'kmaq to partake in a buyout Clearwater Foods should resolve the issue for now. CPPIB in for $50 million in a nice show of support.
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I’m just killing time while my Girlfriend is getting an MRI. Sounds like the Lobster war is taking some new twists & turns. Much misinformation on both sides of the issue. The Supreme Court case 20yrs ago I’ve read recently was over Eel Fishing specifically & had nothing to do with Lobster or any other marine critters, just for perspective on the blanket of misinformation from several directions. The Supreme Court had two different announcements about a month apart 20yrs ago on some native guy fishing for eels out of season and neither one of those defined this “Moderate Living” that’s being tossed around, nor has the Federal Gov’t done so in the 20yrs since. Ultimately it’s the Fed’s that are the final say for commercial fishing in Canada’s oceans I’ve read. No idea if that’s true or not due to conflicting info.
Just read a news story where these natives involved in the out of season lobster fishing are now going to Sue pretty much everyone. From the provincial govt to the RCMP to those that where involved in restricting their fishing by force or protest right down to the restaurants & markets & companies that wouldn’t purchase these lobsters caught out’a season until they knew which way the winds of political & legal enforcement would be blowing.
Just read a news story where these natives involved in the out of season lobster fishing are now going to Sue pretty much everyone. From the provincial govt to the RCMP to those that where involved in restricting their fishing by force or protest right down to the restaurants & markets & companies that wouldn’t purchase these lobsters caught out’a season until they knew which way the winds of political & legal enforcement would be blowing.
INDIAN BROOK, N.S. — A Mi'kmaq First Nation that encountered violence after it opened a self-regulated lobster fishery says it will launch a series of lawsuits against non-Indigenous fishers for alleged damages incurred by its members.
The band also intends to file a constitutional challenge against a provincial law that has prevented the band from selling its lobster catch, Ron Pink, the lawyer for Sipekne’katik First Nation, said Thursday.
"We're pursuing injuries to individuals and disruption to their fishing by certain individuals," Pink told a news conference at the band office. "We'll have lawsuits against all those who interfere with our fishery."
The lawsuits, he said, will also target fish buyers and other businesses that refused to deal with the Mi'kmaq community after it launched its lobster fishery in St. Marys Bay from a wharf in Saulnierville, N.S.
Pink said the band plans to launch multiple complaints before the RCMP's civilian review commission regarding the federal police force's response to violence against band members. "We are not going to allow this discrimination and bullying tactics by the federal government and their agencies against us," Pink said. "We're not going to put up with it any more."
The lawsuits result from months of tension surrounding the band's decision to launch a self-regulated lobster fishery in September outside the federally run fishing season. Pink and Indigenous fishers say a 1999 Supreme Court of Canada decision affirmed the Mi'kmaq treaty right to fish for a "moderate livelihood" when and where they want.
That decision was later clarified by the court, whose members said the federal government could regulate the Mi'kmaq treaty right for conservation and other limited purposes. Non-Indigenous fishers say the self-regulated fishery violates the Supreme Court decision and should be closed.
Ruth Inniss, adviser with the Maritime Fishermen's Union, says Pink's allegations and threats are unhelpful at a time when her group and others are trying to cool tensions and to negotiate with Mi'kmaq fishers.
"We need to come together and find solutions to this together," she said. "These allegations aren't helpful. Dialogue is helpful. There have been altercations on both sides."
Sipekne’katik Chief Mike Sack, however, says he believes the lawsuits will help protect his members from the intimidation tactics they've had to endure over the past two months. Those include the destruction of a lobster pound and the burning of a Sipekne’katik band member's van.
Sack said the band will sue captains of commercial fishing boats for assault, battery and harassment. "They're going to be held accountable here, one way or another," the chief said.
Court action is already working, he said, referring to a Nova Scotia Supreme Court order prohibiting anyone from "threatening, coercing, harassing or intimidating'' band members or people doing business with them. "The injunction is working very well," Sack said Thursday. "It's keeping a lot of people away (from the Indigenous fishers)."
Pink said the first lawsuits will be filed in December. The constitutional challenge against the province, he said, will be a separate action that will target Nova Scotia's system for granting fish-buying licences.
Premier Stephen McNeil has argued that the federal government must first define a "moderate livelihood" fishery before the province can allow buyers to legally purchase lobster from one.
Sack's band will not participate in the federally regulated fishing season that begins in late November, citing safety issues. But the band, he said, intends to keep the boats that are part of its self-regulated fishery at the wharf in Saulnierville.
The band also intends to file a constitutional challenge against a provincial law that has prevented the band from selling its lobster catch, Ron Pink, the lawyer for Sipekne’katik First Nation, said Thursday.
"We're pursuing injuries to individuals and disruption to their fishing by certain individuals," Pink told a news conference at the band office. "We'll have lawsuits against all those who interfere with our fishery."
The lawsuits, he said, will also target fish buyers and other businesses that refused to deal with the Mi'kmaq community after it launched its lobster fishery in St. Marys Bay from a wharf in Saulnierville, N.S.
Pink said the band plans to launch multiple complaints before the RCMP's civilian review commission regarding the federal police force's response to violence against band members. "We are not going to allow this discrimination and bullying tactics by the federal government and their agencies against us," Pink said. "We're not going to put up with it any more."
The lawsuits result from months of tension surrounding the band's decision to launch a self-regulated lobster fishery in September outside the federally run fishing season. Pink and Indigenous fishers say a 1999 Supreme Court of Canada decision affirmed the Mi'kmaq treaty right to fish for a "moderate livelihood" when and where they want.
That decision was later clarified by the court, whose members said the federal government could regulate the Mi'kmaq treaty right for conservation and other limited purposes. Non-Indigenous fishers say the self-regulated fishery violates the Supreme Court decision and should be closed.
Ruth Inniss, adviser with the Maritime Fishermen's Union, says Pink's allegations and threats are unhelpful at a time when her group and others are trying to cool tensions and to negotiate with Mi'kmaq fishers.
"We need to come together and find solutions to this together," she said. "These allegations aren't helpful. Dialogue is helpful. There have been altercations on both sides."
Sipekne’katik Chief Mike Sack, however, says he believes the lawsuits will help protect his members from the intimidation tactics they've had to endure over the past two months. Those include the destruction of a lobster pound and the burning of a Sipekne’katik band member's van.
Sack said the band will sue captains of commercial fishing boats for assault, battery and harassment. "They're going to be held accountable here, one way or another," the chief said.
Court action is already working, he said, referring to a Nova Scotia Supreme Court order prohibiting anyone from "threatening, coercing, harassing or intimidating'' band members or people doing business with them. "The injunction is working very well," Sack said Thursday. "It's keeping a lot of people away (from the Indigenous fishers)."
Pink said the first lawsuits will be filed in December. The constitutional challenge against the province, he said, will be a separate action that will target Nova Scotia's system for granting fish-buying licences.
Premier Stephen McNeil has argued that the federal government must first define a "moderate livelihood" fishery before the province can allow buyers to legally purchase lobster from one.
Sack's band will not participate in the federally regulated fishing season that begins in late November, citing safety issues. But the band, he said, intends to keep the boats that are part of its self-regulated fishery at the wharf in Saulnierville.
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This lawyer Pink is a famously nasty piece of work in Atlantic Canada and speaking of work I see he's going for gov't money the natives have by the bucketful-lawsuits frivolous or not still pay the same and the more appeals the better.
See they are no threat is basically what they say in this article