DFO seized lobster traps, violated Treaty rights: P.E.I. First Nation

Fisheries and Oceans Canada (DFO) allegedly seized approximately 300 lobster traps deployed by the Lennox Island First Nation on Prince Edward Island. The traps are protected by the First Nation’s Treaty Protected Fishery, said representatives from Lennox Island in a news release.

“This is a constitutional Treaty right – not a privilege, not a negotiation, and not something Canada gets to control,” said Chief Darlene Bernard. “Our Treaty Protected Fishery follows a community-developed plan that aligns with conservation priorities and voluntarily mirrors DFO regulations.”

Bernard said DFO’s actions are a violation of their rights.

“It is a modest fishery that we launched on principle and it has run successfully and safely for three years now.”

DFO granted Lennox Island First Nation a one-time authorization of up to 1,000 lobster traps in Lobster Fishing Area (LFA) 24 under the Treaty-protected fishery in spring 2025.

“Fishing found in contravention of the Fisheries Act and regulations, and/or without a license or authorization issued by the Department, may be subject to enforcement action,” said DFO in an email to CTV.

Lennox Island deployed 1,500 traps this season under the protected fishery, the same number of traps as last season, said the release. They said they have engaged with DFO in good faith and followed regulations.

“Lennox Island’s Treaty Protected Fishery operated in accordance with the Treaty right, as affirmed by the Supreme Court of Canada in the Marshall decisions,” said a representative for Lennox Island First Nation in a news release. “It is not operated in accordance with a DFO allotment or authorization.”

Lennox Island determined its Treaty Protected Fishery traps based on numerous factors, including community need and the wait list for fishery access, the representative said.

“All decisions are guided by Netukulimk, a core cultural concept in Mi’kmaq traditions, encompassing respect, responsibility, relationships, and reciprocity in resource management and environmental stewardship,” said the release.

Bernard said this is about more than traps or lobster.

“This is about our right to self-determination, economic justice, and the survival of our way of life,” said Bernard. “We are not backing down. Our fishers are out there with the full support of our Nation and our ancestors behind them.”

Bernard demanded the return of the seized fishing gear and an end to DFO’s enforcement campaign.

“On one hand, it recognizes our Treaty right; on the other, it seizes our traps when we exercise that right,” said Bernard.

Representatives said the Marshall decision allows DFO to regulate the treaty fishery but “such an infringement of the right must be justified.” The management plan remains unchanged from 2024, said the release.

DFO said authorized community members in Lennox Island are required to meet licence conditions including the use of DFO tags. They said the situation at Malpeque and Alberton, P.E.I. is under investigation and no further details are available at this time.

“The Lennox Island First Nation Council and community will continue to defend Mi’kmaw rights against unjust enforcement,” said the representative.

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