Amber Bernard for Indigenous Climate Action  

Currently, the Mi’kmaq are asserting their rights to a moderate livelihood, as they face discriminatory policy, racism, violence, and greed. Lobster, also known in Mi’kmaq as Jagej has been harvested for over 10,000 years by the Mi’kmaq, but it wasn’t until the 1760s when it was written in the series of treaties known as the Peace and Friendship Treaties.

What is a Moderate Livelihood?

There is no current legal framework that clearly defines what a moderate livelihood is, other than a right to catch and sell for economic sustainability. This means that defining what a moderate livelihood means has been a contentious issue. Though the Mi’kmaq are pursuing their own definition, it has been overruled by government policy that attempts to invalidate Mi’kmaq authority over their own fishery.

While the right to harvest and sell fish dates back to the 1760s, it was not until 1999 when the Supreme Court affirmed this right, also known as the Marshall Decision. In 1993, Donald Marshall Jr. was charged for catching and selling eel without license and found guilty in 1996. His case then went to the High Court of Appeals in 1999 where his right to fish under the Peace and Friendship Treaties was affirmed. Today, the Mi’kmaq continue to face legal persecution from law enforcement for practicing those same Treaty rights. So, while the rights were reaffirmed by the Supreme Court, a moderate livelihood has yet to be respected by law enforcement and non-Indigenous fishermen. 

Fisheries Conflict

In the fall of 2020, the Sipekne’katik Mi’kmaq Nation launched its own moderate livelihood fishery in Taqmetek, or more commonly known as Saulnierville, in the south west of so-called Nova Scotia. This led to confrontation from non-Indigenous fishermen and protestors opposed to the Mi’kmaq right to fish.

In arguments against moderate livelihood, non-Indigenous fishermen make claims of conservation issues, which are currently unfounded by scientists. In fact, commercial fishermen make more money and set more traps than moderate livelihood fishermen.

The commercial lobster industry is a lucrative business, worth about $570 million (Nova Scotia, 2014). In the southwest of Nova Scotia, a commercial vessel is granted anywhere between 375 and 400 traps per season (issued to about 100 vessels, which roughly marks around 40,000 traps). Whereas moderate livelihood fishermen from Sipekne’katik were given 50 traps per vessel, with 11 licenses issued by the Mi’kmaq band, amounting to a mere 550 traps compared to their commercial counterparts (The Conversation, 2020).

The moderate livelihood fishery operates separate from the commercial fishery seasons and Mi’kmaq harvesters, along with their communities, fish as needed, within respect to lobster conservation. However, non-Indigenous fishermen have argued that the Mi’kmaq should fish within the same seasons commercial fishermen are bound to. This has led to conflict spanning over decades and led to Mi’kmaq harvesters experiencing harassment, violence, property damage, theft, and the cutting and stealing of moderate livelihood lobster traps by non-Indigenous fishermen and protestors. 

Recent Updates

In March 2021, Fisheries Minister Bernadette Jordan, without consultation with Mi’kmaq Chiefs, released a policy that directly limits Mi’kmaq harvesters by forcing them into commercial fishing seasons. This action directly impedes on the Mi’kmaq right to self-determination and is an attempt to define a moderate livelihood without meaningful Mi’kmaq input. A moderate livelihood framework must be developed and led by the Mi’kmaq. On top of issuing policy without Indigenous consultation, Minister Jordan said those caught fishing outside of commercial season can be charged under the Fisheries Act.

Fast forward to now, fishermen from Potlotek First Nation - a small Mi’kmaq community nestled along the Bras d’Or lakes of Cape Breton Island, Nova Scotia - decided to fish within the limitations of the Department of Fisheries and Ocean’s (DFO’s) Fisheries Act and launched their moderate livelihood fishery on April 30, 2021. The same day, the lobster commercial fishery season opened for an area known as LFA 29. The Potlotek community obliged with Minister Jordan’s recently imposed limitations and despite fishing within a commercial season, 37 of their lobster traps were seized by DFO.

Chief Mike Sack of Sipekne'katik said he will not accept the federal policy and may request help from United Nations peacekeepers, as his community gears up for another fishing season under their own moderate livelihood (CBC, 2021).

Mi’kmaq bands in Mi’kma’ki (Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and western parts of Quebec) are presently developing and implementing their own moderate livelihood fisheries, which is their right. The Mi’kmaq also address conservation concerns and sustainability through Netukulimk.

Netukulimk is a Mi’kmaq perspective and approach to accessing inherent rights to the land and resources their people have lived with since time immemorial. It is about “achieving adequate standards of community nutrition and economic well-being without jeopardizing the integrity, diversity, or productivity of our environment” (Unama’ki Institute of Natural Resources).

Call to Action

Getting informed is a great first step in showing solidarity, but for more ways to get involved, you can check out this Google doc for ways to support Mi’kmaq rights. 

About Amber Bernard

Amber Bernard (she/her) is Mi'kmaq (We'koqma'q First Nation) from the unceded territory of Mi'kmak'i, coming from the district of Unama'ki or "place where the elders rise," more commonly known as Cape Breton, Nova Scotia. She grew up in a family that was passionate about bringing awareness to Indigenous rights and issues. Amber comes from a long line of traditional Mi'kmaq leadership and is a direct descendent of the late Grand Chief Gabriel Syliboy: he was the first person to use the 1752 Peace and Friendship Treaty for hunting and fishing rights in court and was convicted in 1920 for practicing his inherent rights. It was not until 2017 when he was pardoned and honored by the province of Nova Scotia.

Her career continues to focus on Indigenous priorities, whether it's through her work as a journalist or communications professional. Amber's stories have explored many areas of Indigenous rights, the climate crisis, and social justice.