Nova Scotia Mi’kmaw Chiefs Work to Protect Treaty Rights by Rejecting Framework Proposed by DFO

The Assembly of Nova Scotia Mi’kmaw Chiefs (Assembly) met on January 22, 2025, and agreed to reject a recent offer from the Minister of the Department and Fisheries and Oceans Canada (DFO) regarding livelihood fisheries. The 13 Chiefs of the Assembly stood united in their response to DFO, expressing concerns that the proposal is not only a rebranding of previously rejected proposals, but also a direct threat to the inherent Treaty Rights of the Mi’kmaq.

On December 3, 2024, the Honourable Diane Lebouthillier, Minister of Fisheries, Oceans, and the Canadian Coast Guard, communicated a letter to all 36 First Nations across Mi’kma’ki, suggesting a limited, non-Rights-based approach to the Mi’kmaw Treaty Right to fish in pursuit of a moderate livelihood. The Minister’s initiative proposed continuing the “willing buyer–willing seller” framework, which the Assembly believes prioritizes commercial fisheries access over the foundational Rights established in Treaties.

“This proposal raises serious alarms,” said Chief Wilbert Marshall, Co-Lead of the Assembly’s Fisheries portfolio. “DFO’s approach reminded us of earlier initiatives from the 2000s, which failed to respect and uphold our inherent Rights. Our Treaty Right to fish is not a commercial fishery.”

“The proposed funding could impose constraints that would affect our Treaty Rights.  We have built a better way forward and the trust we have built within our communities and with our harvesters, through our community-based harvest plans, would be jeopardized if we even entertained these new agreements with DFO under this proposal,” said Chief Gerald Toney, Co-Lead of the Assembly’s Fisheries portfolio.

The Assembly agreed that this recent DFO proposal was simply another attempt by DFO to ignore the Rights-based fishery by continuing its efforts to force Mi’kmaw Treaty harvesters into the same licence-based system as the non-Indigenous commercial fishery.  This has been long rejected by Mi’kmaw leadership in favour of emphasizing a Mi’kmaw-led process.

Many Mi’kmaw communities in Nova Scotia have already invested significant time and effort in developing comprehensive plans that prioritize conservation, sustainability, and safety, while also recognizing our inherent Treaty Rights, self-governance and the court-affirmed Right for Mi’kmaq to fish for a livelihood.

“Canada has a legal responsibility to engage with us in a collaborative manner that respects our Nation-to-Nation relationship,” continued Chief Toney.  “It is unacceptable for plans to be presented independently and without proper consultation. The Minister’s letter goes against the United Nations Declaration on the Rights of Indigenous Peoples Act.”

“We want to make it clear, our Rights are not for sale,” said Chief Marshall.  “This proposal would have created a direct impact on our Rights, and we will not stand for that.”

The Assembly agreed all 13 Nova Scotia Mi’kmaw communities would stand strong in the defense of our Treaty Rights and our people. United, we will advocate for a fisheries governance framework that honours our Treaties, respects our inherent Rights, and is based upon Mi’kmaw law and Mi’kmaw jurisdiction.

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