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STATEMENT BY HERB
DHALIWAL
MINISTER OF FISHERIES AND OCEANS
Update on fisheries affected by the
Supreme Court's Marshall decision
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More and more commercial fisheries are opening throughout the Maritimes
and the Gaspé region of Quebec as the spring progresses. I
am pleased to note that, as these fisheries are opening, many Mi'kmaq
and Maliseet communities are again fishing side-by-side with non-Native
commercial fishers. This is an important indicator of the progress
we have all made since the Supreme Court of Canadaıs 1999 decision
in the Marshall case.
Immediately following the Marshall decision, people throughout
Atlantic Canada and indeed across the country had many questions.
Over time, through good will and hard work by all parties, weıve been
able to find many of the answers. During the first year after the
decision, DFO worked with Aboriginal communities to increase their
access to commercial fisheries and to negotiate capacity building,
training, and other measures to maximize their benefits from that
increased access. We also worked with non-Native commercial fishers
who wanted to voluntarily retire their licences, making room for new
Aboriginal entrants without putting more pressure on the fishery resource.
Those measures resulted in immediate, tangible benefits for many Mi'kmaq
and Maliseet people. But we were always aware that there were longer-term
questions that needed to be addressed.
This past winter, my colleague, the Minister of Indian Affairs and
Northern Development, and I announced the federal governmentıs longer-term
strategy for responding to the Marshall decision. While my
Department continues to work with communities affected by the decision
on practical questions relating to the fishery, Minister Nault is
leading a process to address broader Aboriginal and treaty rights
issues. Taken together, this two-track approach will provide both
immediate benefits and longer-term certainty to First Nations communities
in Atlantic Canada.
Today, I am pleased to tell you that we are still making real progress.
The Federal Fisheries Negotiator, Mr. Jim MacKenzie, has been meeting
with Mi'kmaq and Maliseet communities over the past several months.
This year, they are discussing longer-term fisheries agreements of
one to three years.
We have known from the beginning that negotiating these agreements
would take time. Longer-term agreements are more complex, and require
more detailed discussions.
We have all committed ourselves to taking the time necessary to reach
agreements that are practical, sustainable, and satisfactory. To date
three Mi'kmaq and Maliseet communities have signed agreements with
Mr. MacKenzie. La Nation micmaque de Gespeg in Quebec and Glooscap
First Nation in Nova Scotia signed three-year agreements, and Pictou
Landing First Nation in Nova Scotia signed a one-year agreement. Productive
discussions are continuing, and Mr. MacKenzie will be meeting with
several communities in the next few weeks.
Our focus remains on orderly, prosperous, and sustainable fisheries,
rather than meeting artificially imposed deadlines. Many communities
that have not yet reached agreements with Mr. MacKenzie are presently
fishing peacefully within the commercial season, taking advantage
of the increased access that was provided to them last year. I expect
this will continue as more fisheries open over the weeks ahead. Fisheries
agreements are a way to provide start-up assistance and planning stability
to Mi'kmaq and Maliseet communities. They are not a requirement in
order for those communities to get access to the fishery, and they
are not a prerequisite to a peaceful and orderly fishing season.
At this point, it is worthwhile to reiterate my commitment to a peaceful
fishery, and to the ultimate objective of ensuring the conservation
of the fishery resource. Conservation is, and always has been, our
number one priority. Fishers whether they are Aboriginal or non-Aboriginal
know that conservation is key to ensuring their livelihoods, and
the livelihoods of future generations.
Throughout our work to increase Aboriginal participation in the commercial
fishery, we also have to remember the non-Aboriginal users of the
resource. Dialogue and co-operation with non-Aboriginal commercial
fishermen will continue to figure prominently in my Departmentıs work.
Associate Federal Fisheries Negotiator Gilles Thériault continues
to ensure that the views of the non-Aboriginal fishing community are
taken into account in the negotiation process. And the ongoing work
of non-Native fishermen to mentor and train Aboriginal fishers to
successfully participate in the commercial fishery is an excellent
example of what can be achieved through good will and co-operation
among all resource users. DFO will continue to look for innovative
and creative ways to ensure that non-Aboriginal commercial fishermenıs
voices are heard, and that they are able to play an active and meaningful
role in the process.
And it is my obligation to all fishers to continue to regulate
the fishery for conservation and orderly management. Succeeding at
conservation requires that all players in the fishery work together
in a coherent and consistent system. It cannot be done "piecemeal,"
with each group following its own rules and ignoring other users.
To do so would destroy the resource. As Minister, it is my responsibility
to all users of the fishery resource to provide that consistent conservation
framework. In its November 17, 1999 judgement, the Supreme Court clearly
said that "The paramount regulatory objective is the conservation
of the resource. This responsibility is placed squarely on the Minister
and not on the aboriginal or non-aboriginal users of the resource."
I have said many times that I intend to uphold this obligation.
There is room for co-management arrangements and for new regimes
that give fishers a greater role in management of the resource. I
am open to arranging for regulation in new and innovative ways. But
I will not, and indeed I cannot, "give up" on regulating
the fishery.
I am encouraged by the progress we have made so far. But I am realistic
enough to know that reaching agreements will take time, and that much
work remains to be done.
Mr. MacKenzie will continue his discussions with First Nations communities.
And my Department will continue to work with Mi'kmaq, Maliseet, and
non-Native fishers towards our shared goal of a peaceful fishery in
which all can participate, and can play a role in ensuring the conservation
of the fishery resource.