Ottawa plans sweeping treaty, fishery negotiations

The Toronto Star
Friday, February 9, 2001

OTTAWA (CP) - The federal government announced plans today to launch sweeping negotiations on Atlantic native fisheries and other treaty issues, including economic development, among Mi'kmaq and Maliseets.

But neither Fisheries Minister Herb Dhaliwal nor Indian Affairs Minister Robert Nault would devulge their budgets Friday as they introduced their chief negotiators going into talks with - they hope - 34 bands.

Sources have said up to $500 million has been approved for native fisheries and improvements on reserves. Dhaliwal said he doesn't want to undermine the government's negotiating position by quoting figures.

''I can assure you that sufficient resources have been provided for us to deal with our mandate,'' he said.

The ministers introduced two negotiators: lawyer Thomas Molloy to lead talks on aboriginal and treaty rights and James MacKenzie to negotiate native fisheries agreements of one to three years.

The talks are part of the government's strategy to address the Supreme Court of Canada's 1999 Marshall decision, confirming native rights to earn moderate livings from hunting, fishing and gathering in Atlantic Canada and Quebec.

The high court issued a subsequent clarification saying Fisheries has the right to regulate the resource. Ottawa hopes to settle the issue before the spring lobster seasons open on the East Coast.

Ottawa started last year to improve native access to the fishery through interim agreements that expire in March. The deals, which provided training, equipment and licences to native bands, cost the government $160 million.

Bands at Burnt Church, N.B., and Indian Brook, N.S., refused to sign agreements last year, claiming they undermined inherent aboriginal treaty rights to the fishery.

In Burnt Church, the scene of violent clashes between federal authorities and defiant native fishermen, band councillor Brian Bartibogue said he doubts his band will participate in the process.

Bartibogue said he would prefer to continue fishing under band regulations rather than submitting to a process that would ''extinguish our treaty rights.''

''We in our First Nation here designed our own management plan and we feel we have the authority to initiate our own fisheries act,'' he said.

''If we do opt in to the MacKenzie process we have to tell 90 per cent of fishermen that you can't go fishing.''

Said Reg Maloney, chief of the Indian Brook band: ''I'm really disappointed in it because it doesn't address the treaty rights to the fishery. They don't justify the seizing or our equipment.''

He said he doesn't know if he'll participate in the negotiations.

''I'll have to discuss that with our chiefs and our community.''

Nault said the government is acting in good faith, recognizing First Nations in Atlantic Canada have a treaty right to hunt and fish.

He acknowledged Burnt Church has so far rejected its overtures, claiming the right to define its own treaty rights.

''I don't think that's appropriate nor acceptable to the government of Canada,'' he said. ''If people choose to implement their treaty rights unilaterally, you will have the kinds of issues that confronted has last year.''

Denny Morrow, spokesman for the non-native Atlantic Fishing Industry Alliance, said the multi-year deals could lead to as much as 20 per cent of the East Coast fishery being transferred to natives.

The alliance believes that about $430 million has been set aside by Ottawa to buy licences and subsidize natives through purchases of boats and facilities.

Morrow contends the Supreme Court decision never envisioned ''such a large transfer of access.''

He said last year's agreements have already caused lobster licences to soar in price and is causing uncertainty in the fishing industry.

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