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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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With summer just around the corner, and the fishing season well underway
throughout the Maritimes and the Gaspé region of Quebec, this is an
excellent opportunity to measure the steady progress we have made
since the Supreme Court of Canada¹s 1999 decision in the Marshall
case.
Since the decision, we have been working with Mi'kmaq and Maliseet
communities to increase their access to commercial fisheries and give
them the tools they need to make that access work ‹ tools like
capacity-building, training, and other arrangements. We have also
worked closely with non-Aboriginal commercial fishers who wanted to
voluntarily retire their licences in order to make room for these
new Aboriginal entrants without putting undue pressure on the fishery
resource. These measures have resulted in real benefits for many Mi'kmaq
and Maliseet people.
To build on this success, I joined the Minister of Indian Affairs
and Northern Development in February to announce the federal government¹s
longer-term strategy for responding to the Marshall decision.
While DFO is continuing to work with communities affected by the decision
on fishery-related issues, 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.
With that announcement, we re-affirmed our commitment to promoting
a calm, gradual approach to negotiating fishing agreements with First
Nations affected by the Marshall decision. Negotiating agreements
takes time. Three-year agreements are especially complex, and require
detailed discussions. We are prepared to take whatever time is necessary
to reach agreements that are sustainable, practical and, above all,
respectful of conservation.
This approach is paying off. Federal Fisheries Negotiator, Jim MacKenzie,
has been meeting with 30 of the 34 Mi'kmaq and Maliseet communities
over the past several months. And so far, we have reached fisheries
agreements with five Mi'kmaq and Maliseet communities:
- la Nation micmaque de Gespeg in Quebec;
- les Malicites de Viger in Quebec;
- Glooscap First Nation in Nova Scotia;
- Pictou Landing First Nation in Nova Scotia; and
- Redbank First Nation in New Brunswick.
Each Band signed a three-year agreement, with the exception of Pictou
Landing First Nation, which signed a one-year agreement. Productive
discussions are continuing, and Mr. MacKenzie is currently in active
negotiations with 25 other Bands.
But as I have said all along, we are not operating under any artificially
imposed deadline to reach these agreements. In fact, many communities
that have not yet negotiated new agreements with Mr. MacKenzie are
now fishing peacefully, under communal licences, within the commercial
season, taking advantage of the increased access that was provided
to them last year.
In keeping with this constructive approach, we are also finding innovative
ways to continue building bridges between Aboriginal and non-Aboriginal
communities. The ongoing work of non-Native fishermen to mentor and
train Aboriginal fishers is an excellent example of what can be achieved
through good will and co-operation among all resource users. To continue
building on this foundation, my department is facilitating a number
of meetings between Aboriginal and non-Aboriginal fishers in the area.
In addition, we are pleased to be working with the Maritime Fishermen¹s
Union to implement their suggestion that I appoint a Director of Community
and Fisheries Relations in Richibucto to improve relationships between
Native and non-Native communities. My department will consider a similar
position in Neguac in the near future.
In fact, from the beginning, we have recognized that the needs of
non-Aboriginal resource users must also be addressed in our work to
respond to the Marshall decision. That is why I also established
an Industry Advisory Committee to advise my department on the Licence
Retirement Program, which is helping us to make room for Aboriginal
participants in the commercial fishery. Chaired by Gilles Thériault,
Associate Federal Fisheries Negotiator, the Committee is a valuable
forum for non-Aboriginal and Aboriginal members of the fishing industry
to provide advice directly to my department on ways to improve the
efficiency and effectiveness of the Licence Retirement Program.
Clearly, co-operative initiatives like these will be the cornerstone
of the orderly, inclusive and conservation-based fishery we want to
build together in the years ahead.
Indeed, conservation depends on co-operation. And it depends on leadership.
I know I must play a leadership role in this regard. In fact, the
Supreme Court of Canada made it clear that responsibility for conservation
"is placed squarely on the Minister and not on the aboriginal
or non-aboriginal users of the resource." I intend to uphold
that responsibility, and continue working with Mi'kmaq, Maliseet and
non-Aboriginal fishers towards our shared goal of a peaceful, prosperous
and sustainable Atlantic fishery.