STATEMENT BY HERB DHALIWAL
MINISTER OF FISHERIES AND OCEANS
Update on fisheries affected by the
Supreme Court's Marshall decision


May 15, 2001

CHECK AGAINST DELIVERY

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.