Burnt Church-2000/03/24-CPT Archives

Christian Peacemaker Teams (CPT) Archives

CPTNET
March 24, 2000
BURNT CHURCH, NEW BRUNSWICK - The Right to Regulate
by Janet Shoemaker

Since the violent clash between aboriginal and non-aboriginal fishers in Esgenoopetitj (Burnt Church), New Brunswick last fall, there have been on-going negotiations between the various Mi'kmaq and Maliseet bands and the federal Department of Fisheries and Oceans (DFO). The aboriginal fishers began fishing for lobster after the Supreme Court of Canada acknowledged the right of aboriginal peoples to fish for "a moderate livelihood". To aboriginal people, this was also an acknowledgment of their right as nations to regulate their own fishing industry without the need for government-issued licenses.

During a fact-finding mission to Burnt Church in January, Christian Peacemaker Teams learned that the DFO has been negotiating separately with each band to reach an "agreement" to regulate the aboriginal commercial fishery. The people of Esgenoopetitj believe it is their right and responsibility to draw up their own management plan and regulate themselves. One community member told CPT that the DFO's "agreement" might result in a highly-regulated and inadequate fishery as has prevailed for the past 10 years in the aboriginal "food" fishery.

In a meeting on March 1, Esgenoopetitj band members were presented with the DFO's proposed framework agreement. They overwhelmingly rejected the agreement, and insisted that band not sign away its right to regulate its own fishery. Esgenoopetitj is the first of the New Brunswick bands to vote on this agreement. By rejecting it, they recognize that their spring fishing may be deemed "illegal" by the DFO and that they risk further harassment from government officials, police and others.

During the conflict last fall, non-aboriginal fishermen destroyed $250,000 worth of aboriginal lobster traps and equipment. Only after pressure from across Canada, were charges finally pressed against 22 people involved in the destruction. Those charged have now pled guilty to "causing mischief" and were fined $400 each. The DFO negotiator has told aboriginal fishers that he is willing to discuss government compensation for the destruction of their equipment, but only if the framework agreements are signed first.

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Christian Peacemaker Teams is a program of Brethren, Quaker and Mennonite Churches. CPT P. O. Box 6508 Chicago, IL 60680 tel.312-455-1199 FAX 312-432-1213, E-Mail cpt@igc.org WEB www.prairienet.org/cpt/


		Christian Peacemaker Teams (CPT) Archives CPTNET March 24, 2000 BURNT CHURCH, NEW BRUNSWICK - The Right to Regulate by Janet Shoemaker Since the violent clash between aboriginal and non-aboriginal fishers in Esgenoopetitj (Burnt Church), New Brunswick last fall, there have been on-going negotiations between the various Mi'kmaq and Maliseet bands and the federal Department of Fisheries and Oceans (DFO). The aboriginal fishers began fishing for lobster after the Supreme Court of Canada acknowledged the right of aboriginal peoples to fish for "a moderate livelihood". To aboriginal people, this was also an acknowledgment of their right as nations to regulate their own fishing industry without the need for government-issued licenses. During a fact-finding mission to Burnt Church in January, Christian Peacemaker Teams learned that the DFO has been negotiating separately with each band to reach an "agreement" to regulate the aboriginal commercial fishery. The people of Esgenoopetitj believe it is their right and responsibility to draw up their own management plan and regulate themselves. One community member told CPT that the DFO's "agreement" might result in a highly-regulated and inadequate fishery as has prevailed for the past 10 years in the aboriginal "food" fishery. In a meeting on March 1, Esgenoopetitj band members were presented with the DFO's proposed framework agreement. They overwhelmingly rejected the agreement, and insisted that band not sign away its right to regulate its own fishery. Esgenoopetitj is the first of the New Brunswick bands to vote on this agreement. By rejecting it, they recognize that their spring fishing may be deemed "illegal" by the DFO and that they risk further harassment from government officials, police and others. During the conflict last fall, non-aboriginal fishermen destroyed $250,000 worth of aboriginal lobster traps and equipment. Only after pressure from across Canada, were charges finally pressed against 22 people involved in the destruction. Those charged have now pled guilty to "causing mischief" and were fined $400 each. The DFO negotiator has told aboriginal fishers that he is willing to discuss government compensation for the destruction of their equipment, but only if the framework agreements are signed first. _____________ Christian Peacemaker Teams is a program of Brethren, Quaker and Mennonite Churches. CPT P. O. Box 6508 Chicago, IL 60680 tel.312-455-1199 FAX 312-432-1213, E-Mail cpt@igc.org WEB www.prairienet.org/cpt/