'We tried it your way, it didn't work': First Nation calls on Ottawa to end fisheries dispute

ST. PETER’S BAY, N.S. -

Catching and selling lobster during the fall season is how some Mi’kmaw fishermen of Potlotek First Nation make a living.

“We’re just trying to catch some lobster to sell and feed our kids and give our family a roof over their head,” said Mi’kmaw fisherman Craig Doucette.

Doucette and a few others from Potlotek have been fishing in the St. Peter’s Bay area of Nova Scotia since the beginning of October. Doucette says he is fishing under his inherent Treaty Right to fish, hunt and gather in pursuit of a moderate livelihood, with those rights upheld by a Supreme Court ruling.

“Where we are standing right now, its unceded Mi’kmaw Territory,” added Doucette.

The ruling involved Donald Marshall Jr., who was charged and convicted of three Fisheries Act infractions in 1993. After appealing, the Supreme Court reversed the convictions in 1999 affirming the hunting, fishing and gathering rights promised to Indigenous peoples in the 1760 Peace and Friendship Treaties. Those Treaties were signed between the Mi’kmaq, Maliseet and Passamaquoddy and the British. However, the court also ruled the federal government could infringe on the Treaty if there is a compelling reason to do so, like conservation.

Fisheries and Oceans Canada (DFO) sees what Doucette is doing as illegal because he is fishing out of season and will affect lobster conservation.

“DFO has a critical role to play in managing the shared resource and fishing must occur during established seasons and with a DFO-authorized licence,” said Kevin Lemkay, spokesperson for the minister of Fisheries and Oceans.

Doucette said he's previously been charged for fishing without a licence and fishing outside of the commercial season.

“They’re still seizing our gear, they’re still threatening us to take our boats and our trucks and all our gear. They take our fishing gear in the fall to stop us from fishing but they bring it back to us in the spring before the spring season starts. I have a 14-year-old daughter and she’s thinking, ‘Is dad a criminal?’” he said.

Doucette says more than 140 of his traps were seized and each trap can cost between $60 to $70 dollars. The DFO spokesperson told CTV News for privacy reasons it could not disclose the amount of fishing gear seized from an individual but they did say between Oct. 12 and 21, fishery officers seized 210 traps from the St. Peter’s area for non-compliance with the Fisheries Act and regulations.

Doucette also says when he loads up his truck to sell lobster, other people in the community follow him and take pictures and make it harder for him to sell what he caught.

Mi'kmaw fisherman Craig Doucette is pictured.

“We tried it your way, it didn’t work. It did not work. So what else are going to do? Our guys are getting frustrated, they’re getting pushed around, they’re getting their traps cut,” said Potlotek First Nation Chief Wilbert Marshall.

Chief Marshall says Potlotek had an understanding with the DFO to only fish during the spring season for a moderate livelihood however, he alleges, commercial fishermen were vandalizing and cutting their traps which left them no choice to fish in the fall to make up for lost revenue.

“We didn’t sign anything (for the spring season). It was an understanding, there was no signature on paper, I won’t give up our (Treaty) Rights,” said Chief Marshall.

The DFO would not say if it was investigating the cutting of traps but added, “Interference with any authorized fishery – commercial or Food, Social & Ceremonial (FSC) – is illegal and may result in a fine up to $100,000. Any harvesters who have gear destroyed or tampered with should report incidents to the DFO and the RCMP."

Chief Marshall is now calling for Prime Minister Justin Trudeau and DFO Minister Joyce Murray to come to the negotiating table quickly.

“If you really mean reconciliation, mean it. Do something about it. Listen to us. Listen to our people. The DFO thinks they’re God almighty. We are going to fish. You have to tell the DFO to smarten up,” added Chief Marshall.

As for conservation-related concerns, the chief says Potlotek has done its own scientific studies, and that researchers found the nation's small group of fishermen doesn't have an impact on lobster stocks.

In a statement to CTV News, a DFO spokesperson for DFO Minister Joyce Murray said, “First Nations have a Supreme Court-affirmed Treaty Right to fish and our government is working with them to implement that right.”

For Doucette and many other Indigenous fishermen, the wait for implementation has been more than 22 years. Until then, Doucette says he will continue to do what he believes is his right for him and his family including his daughter who he wants to practice her inherent Treaty Right and not deal with seizures and charges just to make a living.

“Where we are standing right now is unceded Mi’kmaw Territory. It’s not like our Treaty is written in Mi’kmaw and we’re telling them what it says. It’s written in English and they still can’t respect that. Here we are more than 20 years later, still trying to make a livelihood and build a home. It's really going backwards in a way.”