ResoluteReader: Fred Wien & Rick Williams - Contested Waters: The Struggle for Rights & Reconciliation in the Atlantic Fishery

In 2020 Indigenous fishers from the Mi’kmaw First Nation in Nova Scotia came under attack from settler fishers. The Indigenous fishers were exercising their treaty rights, as granted by the Canadian Supreme Court, to catch lobster for ceremonial, personal use and to make a "moderate" living. The White settlers physically attacked Indigenous fishers, racially abused them, destroyed equipment and boats and threatened supporters. The Canadian police stood by and watched.

Why did this happen? What was the background? How have Indigenous fishers won their rights? And how can we ensure that all fishers are able to support their livelihoods in Nova Scotia and beyond, in a sustainable and equitable way? These are the questions that are addressed in Contested Waters, a collection of essays by fishers, Indigenous leaders and activists, politicians and scientists.

The first thing to understand is that fishing is not a peripheral part of the economy of the Canadian economy. In 2018, "the fishery generated almost $870 million in employment income flowing through fishing communities in the three Maritime provinces and Quebec." The industry is growing rapidly, and income is growing fast as the cost of fish increases. This does not mean that more fish are being landed. This point is also crucial as some see the industry as growing exponetially in terms of its impact on the maritime ecology.

Indigenous people have responded to this in a number of ways. The most significant and dramatic change has been the consortium of six First Nations who have bought a 50 percent ownership in Clearwater Seafoods, "the largest shellfish processing company in Canada". This enables those Nations to profit from the regions fishing through becoming a clearing house for fishing catches and a reseller. Other Nations have formed networks to similar manage the fishing. Elsipogtog First Nation in New Brunswick, "to build up a fleet of more than seventy inshore vessels harvesting lobster, snow crab and a few other species". In 2021 this fllet brough in $19 million and $16 million in lobster and crab for the Nation. Other Nations have successfully managed quotas and licenses to bring new Indigenous fishers into the industry and manage the economic benefits.

These changes have been possible in part, because of the activism that forced the Canadian Supreme Court to recognise Indigenous fishing rights, in the so called Marshall Decision. Marshall runs like a thread through the book, and there is a fascinating chapter by L. Jane McMillan, Fishing with Donald Marshall Jnr, whose arrest for asserting his right to catch eels saw a "wrongful prosecution, conviction and denial of his appeals". It was, she rights, "emblematic of the systemic discrimination and racism expereinced by Canadian Indigenous Peoples during the twentieth and now twenty-first centuries."

One of the key outcomes of the Marshall Decision was the "Indigneous right to a moderate livelihood". The problem was that this has never been clarified, and indeed it is awfully nebulous. As one group of authors' right on this, the outcome has led to further confusion even as it as asserted the rights of the First Nations:

Criticism... has persisted among Indigenous communities that there has been insufficient effort by Department of Fisheries and Oceans to ensure the Treaty Rights the Court affirmed in the Marshall decisions can be integrated and respected within current regulatory regimes. As a result, Indigenous communities, like the Sipekne'katik First Nation in Nova Scotia, have moved forward with their own self-regulated fisheries. In respnse, there has again been tension and even violence.

As they conclude "there's further work to do for all parties to agree on just what an Indigenous moderate livelihood looks like and how an Indigenous moderate livelihood fishery can be implemented in Atlantic Canada.

One chapter, A Mi'kmaw Approach to Managing Fisheries looks at the history of Indigenous fishing practices and the alternative they pose to commerical fishing. This discusses how fish and eels are respected, not caught when they are breeding or vulnerable and not collected in too large quantities:

Eelers, regardless of age or having children, spoke of wanting to make sure that the eels would be around for the next seven generations due to the important lessons eeling can teach about respect and the environment.

They continue:

Many respondents felt htat commerical fishing for eels had caused the decline of populations.. Several participants shared their anger and frustration with the non-Indigenous elver fishery and that it is allowed to continue when the eel population is low.

While it is worth celebrating this approach to natural resources, it is clear that it clashes with reality of commerical fishing for profit. An additional problem is caused because the First Nations themselves are engaging in the industry in a commerical way. This means that there will be a tension between the First Nations' ethos and the need to compete with non-First Nations fishing. This is reflected in the book's chapter on "commerical harvesting". The authors note:

The progressive expansion of First Nations fisheries holds some potential to destabilise the fisheries co-management system and harvester trust in it. Whether fairly and correctly or not, harvesters at the wharf level feel their livelihoods and the sustainability of thewir communities are threatened. They are putting increasing pressure on their leaders and organisations to advocate for the interests as publicly and aggressively as they see Indigenous leaders advancing their cause and defending their rights. These feelings of powerlessness and uncertainty about the future are exacerbating the miustrust and polaristaion between communities and seeding the ground for future conflict.

The authors go on to hope tha tther ewill be new forms of dialogue and engagemetn that can solve these issues. While it is clear that there are real dialogues taking place between communities and places to try and resolve tensions, I'm unsure that this will be enough. Part of the problem is that fishing is extremely profitable, but little of the value makes it back to the communities who need it. While Indigenous communities remain poor, non-First Nation communities also rely on government support during the non-fishing season. In these situations it is easy for politicians and corporations to blame others, rather than offering support and help. Tensions will likely break out again. This contradition is brought out by Fred Wien and Jeff Denis who, in a chapter on "overcoming racism" conclude:

An effective anti-racism strategy must come to grips with the underlying tensions and issues,. The fundamental issue is one of a gruop legitimately seeking reater participation in accessing a limited resource where existing interests are entrenched and the struggle is defined in zero-sum terms. Strategies need to be purused that involve measures such as making room for First Nations fishers in such away that the livelihoods of non-Indigenous fishers are taken into consideration... it also involves clarifying and obtaining acceptance of the ground rules for the fishing effort, how the moderate livelihood fishery will be managed and by whom and how sustainability of the resource will be ensured.

Firstly racism must be confronted. But at the same time ordinary fishers on the Atlantic Coast, both from the First Nations and non-Indigenous communities need to recognise that they have more in common than divides them. This means recognising that the fight has to be to ensure that both communities benefit from the hard and dangerous work at sea, and that both communities have to be tasked with managing, democratically, the resources. It also means acknowledging that fishing for profit will always lead to resource depletion as corpoations try to maximise profits. That has to be fought and challenged.

This will not be easy. There are people who are racist and prepared to use violence. They need to be exposed and challenged. While the book is perhaps overly optimistic about doing this within the framework of existing institutions and organisations, the authors clearly feel hopeful. The challenge however will be for ordinary fishers and their supporters to unite and resist both the commerical destruction of fisheries and the disunity caused by hundreds of years of government racism towards Indigenous peoples.