Tansi Nîtôtemtik,
We feel a heavy burden of responsibility to speak out when we see a wrong being committed. This responsibility means using our voice whenever we can to shine a spotlight on important issues. We here at ReconciliAction YEG have heard the cries of the Mi’kmaq peoples in Nova Scotia located on Mi’kma’ki. Their voices have been loud and in distress because of violent acts of terrorism, bullying and threats of more violence directed at Mi’kmaq fishermen in the last few months. We have also noticed, along with the rest of the world, the lack of action from the Canadian Government and Law Enforcement in the face of this suffering.
What have the Mi’kmaq fisheries done to warrant violence from the rest of the industry? This is not really a question of what they have done, but rather an unfounded fear of what could they do if allowed to continue to exercise their inherent constitutionally protected treaty right to fish for a moderate livelihood; rights that have been affirmed in the Marshall decisions.[1]
On September 17, 1999, the Supreme Court acquitted Donald Marshall Jr. of three federal fishery offences and affirmed the Mi’kmaq treaty right to hunt, fish and gather in pursuit of a “moderate livelihood.” This right includes the right to sell the catch, and not to get rich, but to be able to take care of their families and communities. Unfortunately, the SCC did not nail down an exact meaning of “moderate livelihood”.
In November 1999, the Supreme Court issued a clarification, known as Marshall 2, confirming that Mi’kmaq fisheries would still be regulated by the federal government for conservation purposes. However, the decision still did not clarify the meaning of “moderate livelihood”, and Canada has failed to fully implement the Marshall decision because of that lack of clarification.[2]
The cause of the violence in Nova Scotia is not a legitimate conservation issue. Many experts and scientists agree that conservation is not either a present nor foreseeable problem if practiced as is by the Mi’kmaq fisheries.[3] The Mi’kmaq people have been fishing in that area for thousands of years—not hundreds—but thousands—and have never needed conservation-driven seasonal limits or catch restrictions because they did not overfish like the non-indigenous fishing industry. They did not exploit the resource then and they don’t exploit it now. The impetus for the current violence is systemic discrimination and a fear of First Nations people finally emerging from the shadow of colonialism. This is about refusing to honour treaties with Indigenous people.
On Saturday October 24, the “All Eyes on Mi’kma’ki” gripped our nation and cities across Canada, including Edmonton. “All Eyes on Mi’kma’ki” was a peaceful march initiated to help spur government action, to come together in solidarity and in response to the escalating tensions between commercial fishermen and Mi’kmaq fishermen. It received nationwide attention and created an opportunity for further conversation about what Canada is doing to protect affirmed “Treaty Rights” and First Nations people in the face of direct violence from non-Indigenous people. One of our writers here at ReconciliAction YEG, Anita Cardinal-Stewart, President of the University of Alberta Faculty of Law’s Indigenous Law Students Association and Vice-President of the First Nations for the National Indigenous Law Students Association, attended and spoke at the rally that day in Edmonton.
(Photo Credit: Darlene Hildebrandt/In this photo: Anita Cardinal-Stewart)
She described the initial atmosphere as being peppered with some worry about anti-protestors and the participant safety. But as the march went forward she said it was clear that the people present had gathered in solidarity with Mi’kma’ki and a desire to a have peaceful walk, the organizers did a wonderful job of ensuring that. As the supporters gathered outside at the Edmonton RCMP headquarters, young Cree singer Noah Simon’s powerful voice rang out over the crowd to the beat of a drum and the air was filled with purpose and conviction. It was a clarifying moment of solidarity and understanding that necessary change and action is required for justice to be effected. Hate and discrimination have no place in our present nor our future. Canada must do better.
After some words from leaders in the community, the walk continued unprohibited to Gallagher Park. Along the way the marchers raised their collective voices in support for Mi'kmaq and Treaty rights and honks from passing vehicles in support was a welcome sound. Once there, the camera crews and law enforcement slowly dissipated, and it felt like an intimate moment to reflect, talk and listen to those who would be speaking. It was at that time that Anita spoke to the crowd of supporters about the Marshall decisions, Treaty relations, and hope for a better future. A future where Canada and Canadians no longer ignores what it means when we say, respect and honor the Treaties because, “We Are All Treaty People”, so let us turn all eyes on Mi'kma'ki. We are pleased to present part of her speech which you can find here: https://www.facebook.com/759855656/videos/pcb.1280855755582514/10164845669325657/
Thank you for reading.
Until next time.
Team ReconciliAction YEG
[1] R v Marshall, [1999] 3 SCR 456.
[2] The Canadian Encyclopedia, "Marshall Case" (11 April 2020), Online: <https://thecanadianencyclopedia.ca/en/article/marshall-case>.
[3] Vanessa Minke-Martin, "Mi'kmaw Fishery Dispute is Not About Conservation, Scientist Says" (09 October 2020), Online: <https://www.hakaimagazine.com/news/mikmaw-fishery-dispute-is-not-about-conservation-scientists-say/>.
