‘The Illegal Lobster Fishery Is Back’


In 2020, the Sipekne’katik ‘First Nation’ {a ‘nation’ of 2,893 people, formerly known as the Shubenacadie Band} issued lobster licences, saying they could sell their catch outside the federally-regulated season.”

This time, in court:

“Three years after a ‘First Nation’ {Aboriginal tribe} started a self-regulated lobster fishery that sparked protests and violence in Nova Scotia, federal prosecutors are pressing ahead with charges against dozens of ‘Indigenous’ {sic} ‘fishers’ {sic}, some of whom are planning constitutional challenges. 

{They are called ‘fishermen’…and DNA proves that Canadian Aboriginals are ‘Indigenous’ to Siberia and Mongolia.}

“On Sept. 17, 2020, the Sipekne’katik ‘First Nation’ issued five lobster licences to its members, saying they could trap and sell their catch outside the federally-regulated season.

“The bold {illegal} move came exactly 21 years after the Supreme Court of Canada affirmed the treaty right of ‘Indigenous’ groups in Eastern Canada to hunt and fish for a moderate livelihood, but interpretations of that landmark ruling remain in dispute. 

{What’s not “in dispute” is that a subsequent Supreme Court ruling clarified that Aboriginal fisheries must comply with government fisheries and conservation regulations. See below…}

“In the months that followed the start of Sipekne’katik’s “moderate livelihood fishery”, there were confrontations on the water, rowdy protests and riots at two lobster pounds, one of which was razed by a deliberately-set fire. The fishing and the violent response have led to criminal charges and civil lawsuits

{ALL of it caused by an irresponsible Supreme Court and Parliament setting up systemic segregation in a supposedly- ‘progressive’ nation.}

By December 2022, federal conservation officers had seized more than 7,000 lobster traps as other Mi’kmaq bands started their own ‘moderate livelihood’ enterprises. But until now, federal officials have said little about prosecutions related to the ‘Indigenous’ lobster, crab and baby eel fisheries.

“Last month, Mi’kmaw journalist {activist} Maureen Googoo combed through provincial court records to compile a list of 54 Mi’kmaq fish harvesters from Nova Scotia and New Brunswick who are now before the courts. Googoo’s online news site, ‘Ku’ku’kwes News’, reported that about half of those charged are planning to argue in court that they have a constitutionally-protected treaty right to catch and sell fish when and where they want.

{Then we hope they are paying their own court costs, since the Supreme Court of Canada already ruled on this. See link below…}

“The federal Fisheries Department confirmed in a statement Friday that Googoo’s list of fishers facing charges was accurate. The department said in a followup statement that just over 1,000 {illegal} lobster traps have been seized in Nova Scotia so far this year.

We recognize that fisheries … are of great social, cultural, spiritual and economic importance to many ‘Indigenous’ peoples, and we remain committed to upholding ‘Indigenous’ {Racially-segregated} ‘fishing rights’, including the treaty right to fish for a moderate livelihood”,

department spokesperson Lauren Sankey said.

Our approach to enforcing the ‘Fisheries Act’ is based on respect for conservation, transparent and predictable management and ‘reconciliation’.” {And systemic racism…}

Among those charged are members of six ‘First Nations’ in Nova Scotia and one in New Brunswick. The charges include violating the conditions of a communal licence, fishing without authorization, fishing during a closed season, obstructing a fishery officer and fishing for elvers — tiny, young eels — in violation of a 2020 order.

“In May, two fishers from Pictou Landing ‘First Nation’ {a ‘nation’ of 686 people} were convicted of lobster fishery offences committed in 2019. Other court cases are well underway, many of them predating the unregulated lobster fishing that drew national attention in 2020. In several of them, constitutional notices have been filed, stating that the accused plan to argue that their treaty rights have been violated.

“The Supreme Court of Canada’s 1999 ‘Marshall’ decision said the Mi’kmaq, Maliseet and Passamaquoddy Bands in Eastern Canada could hunt, fish and gather to earn a “moderate livelihood”, though the court followed up with a clarification two months later, saying the treaty right was subject to federal regulation to ensure conservation.

The decision — named after Nova Scotia Mi’kmaw activist Donald Marshall Jr. — prompted the federal government to spend hundreds of millions of dollars on helping ‘Indigenous’ communities participate in various fisheries by purchasing boats and gear for them

{And by taking licenses away from ‘non-Aboriginal’ fishermen and giving them to Aboriginals. And they wonder why there was violence…}

“Between 2017 and 2023, the department signed seven interim fishing agreements with 15 ‘First Nations’. And in March 2021, Ottawa started approving interim moderate livelihood fishing plans drafted by ‘First Nations’. But federal officials have made it clear that any fishing under the plans must be limited to federally-regulated seasons.

“Some ‘First Nations’ have refused to sign on, arguing that a one-size-fits-all fishing season doesn’t live up to what was promised in the ‘Marshall’ decision. And 24 years after that landmark ruling, the stage is set for the dispute to land back before the country’s highest court.

{Of course. The billion-dollar, lawyer-created Aboriginal Industry is grounded in court cases enabled by imaginative court rulings.}

–‘More than 50 ‘Indigenous’ fishers charged over out-of-season lobster licences in N.S.’,

Michael MacDonald, Canadian Press, Oct. 15, 2023
https://nationalpost.com/news/canada/indigenous-lobster-fishery

Feature Image: Sipekne’katik ‘First Nation’ launches their own {illegal} ‘self-regulated’ fishery on Thursday, Sept. 17, 2020. (Photo–Andrew Vaughan-Canadian Press)

COMMENT: “I’m coming to the conclusion that Reconciliation is not in the cards. The Supreme Court ‘Marshall’ decision affirmed the right of ‘First Nations’ to fish but added, under federal regulation including conservation measures.

With the passing of ‘C-15’ {UNDRIP} by the Liberals and NDP, ‘First Nations’ are now asserting it overides ‘Marshall’. ‘First Nations’ are arguing that ‘C-15 – Article 26’ overides the Marshall Decision.

‘C-15 – Article 26’

1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired

{Which, the Aboriginal Industry claims, means ALL of Canada. Canadians have yet to wake up to this fact.}

2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.

3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

“I think anybody who has read UNDRIP Bill C-15 should recognize the serious consequences for Canada. Article 26 is one of 99 Articles. There are currently 1000’s of court cases underway in Canada. This will allow 1000’s more. The Supreme Court has been generous {racist, and in contradiction to Western law} in allowing ‘oral history’ as evidence. Canadians need a wake-up call, We didn’t vote for C-15. Maybe a referendum on it, such as Australia just had, and/or a change of government ASAP.”

–J. Watkins

^^^^^^^^^^

“To hunt and fish for a moderate livelihood does not mean retail sales. We’ve had this situation in B.C. for years. Fishing for salmon for their livelihood and to honor ancient traditions.

“But wait, drive up to the marina in Port Alberni or the Fraser river, and see commercial harvesters buying salmon from ‘FN’. Or drive down any road and you’ll see signs where you can by salmon directly.

“Such hypocrisy does not endear our politicians or the ‘FN’ to the average Canadian being constantly lectured to about fairness.”

–Valerie Axford

^^^^^^^^^^

The Supreme Court of Canada’s 1999 ‘Marshall’ decision said the Mi’kmaq, Maliseet and Passamaquoddy bands in Eastern Canada could hunt, fish and gather to earn a “moderate livelihood”, though the court followed up with a clarification two months later, saying the treaty right was subject to federal regulation to ensure conservation.”

“Here’s a great example as to what happens when the Supreme Court sets one law for them and another for the rest of us.”

–P. Duncan

^^^^^^^^^^

In theory, the law treats everyone equally and if it does not, then it risks serious backlash. A foolish mindset predicated on slavish adherence to political correctness. Only certain groups in society can be criticized without censure.”

–Terry Melbourne

^^^^^^^^^^

One people under Canada, one law.”

–Pierre Buxton

^^^^^^^^^^

“Almost all Federal funds the stone Age Tribes get have no basis in treaty or law. Just stop funding their reserves. Remove all “Special Interest Group Programs“. Canada should have one set of laws and funding for all Canadians.”

–Peter James

^^^^^^^^^^

“Read the Treaties, they are online. Natives do not want you to know what is in them because it shows they get far more than what is in the Treaties.”

–Al Sagan

^^^^^^^^^^

“Divisive propaganda from the Canadian Press.

Fishers“.

“And you know that that it is propaganda when the disingenuous media is tampering with our language.”

–Critical Carlo

^^^^^^^^^^

“Here we go again. Another story of a hyphenated Canadian group wanting special privileges. It’s a continuous drama in our country. Some want to be exempt from the rules, and benefit “just because“.

Can we once and for all just all be Canadians, with equal rights under all the laws?

“It’s all so tiring and frustrating.”

–Murray B.

^^^^^^^^^^

“Show me a place anywhere, any time in history, where having two different sets of rules based on race has worked out well. There will be more violence if the courts do not control this.”

–Julie Curwin

Background (from 2021):

Sipekne’katik Chief Michael Sack and several councillors launching the community’s illegal fishery, September 17, 2020 {The Coast)

“The chief of Sipekne’katik ‘First Nation’ was taken in for questioning by federal fisheries department officers on Monday, moments after he announced the expansion of his Band’s ‘self-regulated’ lobster fishery in St. Mary’s Bay.

{This fishery is ILLEGAL. Why does Canadian media leave out this important piece of the news story?}

“Chief Mike Sack says he was pulled over by fisheries officers shortly after he held a news conference at the Saulnierville Wharf, in southwestern Nova Scotia. He says he was held at the detachment in Meteghan, N.S., for about 45 minutes and questioned about the fishery before he was released.

{Why was he released? He is not only inciting, but also organizing, an ILLEGAL activity! END RACE BASED LAW…}

It’s kind of a pity”,

he said in a phone interview after he left the detachment, adding that the band had been in conversations with federal Fisheries Minister Bernadette Jordan last week about Sipekne’katik’s fisheries.

It’s not very neighbourly.”

{What’s not “very neighbourly” is being a greedy, racist SOB and stealing the lobster out of season, thereby depriving every other licensed lobster fisherman.}

“The federal Department of Fisheries was not immediately available for comment.

“Before being taken in for questioning, Sack had launched his ‘First Nation’s lobster fishery — months ahead of the start to the federally-regulated season {Defying a Supreme Court ruling}, adding that he expected Fisheries Department officers to pull some of his Band’s traps out of the water because they aren’t licensed by Ottawa.

“Sack said his Band, located 65 kilometres north of Halifax, issued 13 fishermen with so-called “treaty fishery” licences for boats operating in the province’s southwest. He said he expected up to 20 fishermen to participate, with 50 traps each.

There’s nothing we can do”,

{? You could try obeying the law!}

he told reporters gathered at the wharf.

If they take our traps, we’ll get more traps and we’ll fight them (the federal government) in court for the last ones taken.”

{Then by all rights, you should all end up in jail. Only discriminatory Race Based Law protects you…}

It’s unfortunate they come in, push their weight around and do what they want and aren’t held accountable. For me, it’s systemic racism.”

{That’s laughable because the ‘systemic racism’ in favour of Aboriginals – practiced by Canadian governments and courts – is the only thing keeping you out of jail.}

Chief Mike Sack of the Sipekne’katik ‘First Nation’. (PHOTO–JOHN MORRIS-REUTERS)

“Federal regulation dictates that the area in question, ‘LFA 34’, has a season that runs from the last Monday in November until the end of May. Sack said the plan is for the Band’s fishermen to stop harvesting on Dec. 15. The community says it will {illegally} operate under the guidelines of its own fisheries-management plan, which Sack has said is based on sound conservation principles.

“Jordan has said the ‘First Nation’s unauthorized fishery is concerning and her department will enforce the Fisheries Act. Sack called that statement “unfair”.

{Unless Aboriginals get special exemptions from the laws governing everyone else, their leadership calls it ‘racist’, ‘colonialist’ and “unfair”.}

“Last September, the Band launched a ‘self-regulated’ {illegal} lobster fishery outside the federally-regulated season, which led to violence and the burning of a lobster pound that stored ‘Indigenous’ {sic} catch.

{DNA shows that Aboriginals were early settlers, ‘indigenous’ to Siberia and Mongolia.}

“A 1999 Supreme Court decision allows ‘Indigenous’ communities to fish for a moderate livelihood, though the court later clarified that Ottawa could regulate the treaty right for conservation and other limited purposes.

“The Sipekne’katik Band says it is no longer using the term “moderate livelihood fishery”, preferring “treaty fishery” instead.

{You don’t get to make up your own rules just because of your Race/Ethnicity…although Canadian institutions are certainly regressive in that regard…}

We’re treaty people, and we have a treaty right to fish, so that’s what we’re calling it”,

Sack told reporters.

{END THE TREATIES! Wrap them up, once and for all.

It’s time for Canada to become a modern nation…}

The ‘First Nation’ {Tribe} had recently operated its food, social and ceremonial lobster fishery, which is regulated by Jordan’s department, but the fishery licence does not permit the sale of the catch.

“Sack said during the news conference he’s pleased there is more police presence in the area, adding “hopefully it keeps everyone safe”.

{“Hopefully”, they put you where you belong – in jail.}

Colin Sproul, a spokesman for the Unified Fisheries Conservation Alliance — an advocacy group representing various ‘non-Indigenous’ {The racist term for ‘Everybody Else’}, commercial fishers and processors — says the federal right to regulate remains a key part of Supreme Court of Canada decisions. He says existing law and court rulings make clear that Ottawa has the power to enforce regulations to prevent out-of-season fishing by ‘Indigenous’ groups.

From our members’ perspective, the enforcement that’s taking place is a token of what needs to take place”,

he said Monday in a telephone interview.

It is a pittance compared to the size of the commercial fishing effort that’s happening illegally outside of the commercial seasons.

“Sproul said his group advocates for a peaceful resolution to the contentious issue and urges fishermen to avoid any violence or illegal actions. But the mood in the small communities surrounding St. Marys Bay is one of deepening frustration about the expansion of the non-regulated fishery, he said.

Our first reaction is shock that events have been allowed to snowball — while it’s important the minister has made it clear that it’s illegal to fish commercially outside of commercial seasons, it needs to be coupled with enforcement {!},

he said.”

–‘First Nation chief detained in Nova Scotia after launching out-of-season lobster fishery’,

Danielle Edwards and Michael Tutton, Canadian Press, Aug. 16, 2021

https://nationalpost.com/news/canada/nova-scotia-first-nation-to-launch-self-regulated-treaty-fishery-in-st-marys-bay

See also:

Cutting Through the Bullshit’ (‘Marshall’ Ruling) {Nov.3, 2020}:

“Aboriginal activists are claiming an unrestricted ‘Treaty right’ to fish whenever they please – in this case, out of season and violating fishery conservation regulations — and they say that this ‘right’ is guaranteed by the Supreme Court’s ‘Marshall’ ruling. They are getting away with this LIE because media, like the CBC, are either too ignorant, or biased, to tell the truth. Below is the quote from the Supreme Court ruling that matters, with a link to the text of the ruling…”

http://endracebasedlaw.ca/2020/11/03/cutting-through-the-bullshit/

Creating A False Narrative’ (Mi’kmaq Lobster Criminality) {Oct.22, 2020}:

“Here’s a ‘Letter to the Editor’ that reflects the manipulated mainstream opinion concerning the Nova Scotia lobster dispute.

P.S, The Toronto Star editor created a deliberately-provocative, BIGOTED headline…”

People of European heritage in Canada have to learn to share with ‘Indigenous’ fishers’…

http://endracebasedlaw.ca/2020/10/22/creating-a-false-narrative/

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