Yet another mess caused by a foolish and irresponsible Supreme Court ruling:
“‘Indigenous’ fishing of baby eels — also called elvers — and lobster without DFO authorization has surfaced repeatedly during the committee’s hearings. Some ‘Indigenous’ fishermen assert they do not need DFO approval to pursue their treaty right to fish for a moderate livelihood. The ‘right’ was recognized by the Supreme Court of Canada in {subsequent} rulings that also affirmed federal and provincial governments have the authority to regulate those fisheries.”
“A former senior Fisheries and Oceans (DFO) official says clarity on ‘Indigenous’ fishing rights in the Maritimes is needed from the department and the courts or “anarchy will reign“.
“The frustrations can be mitigated by clearly communicating the rules, having an orderly and regulated fishery, and then providing an adequate monitoring and compliance presence to effectively implement the rules. While that sounds simple, it is not. And while patience is required, action is also required before the situation explodes or stocks are harmed“,
Morley Knight told the parliamentary standing committee on Fisheries and Oceans in Ottawa on Monday.
“The committee is examining illegal, unregulated and unreported fishing. Among his roles, Knight was in charge of DFO’s conservation and protection branch in Atlantic Canada, responsible for enforcing federal fishing rules.
“‘Indigenous’ fishing of baby eels — also called elvers — and lobster without DFO authorization has surfaced repeatedly during the committee’s hearings. Some ‘Indigenous’ fishers assert they do not need DFO approval to pursue their treaty right to fish for a moderate livelihood. The right was recognized by the Supreme Court of Canada in rulings that also affirmed federal and provincial governments have the authority to regulate those fisheries.
‘Courts may have to clarify’
“Knight told MPs ‘Indigenous’ fishing rights must be settled once and for all.
“While there is a risk in that and one side or the other will not like the outcome. The courts may have to be used to settle or clarify the rights of ‘Indigenous’ people to fish. Without that, anarchy will reign and there can be no effective compliance program and the risk is greater than what the courts may decide“,
Knight told MPs.
“The ambiguity {caused by lawyer/judges} has led to increasing tension in Nova Scotia over lobster and elver fishing not authorized by federal officials.
‘Tension over two fisheries’
“In the case of lobster, commercial harvesters have opposed {segregated} fisheries aimed at providing a moderate livelihood for ‘Indigenous’ harvesters that occur outside of the commercial season. Some ‘First Nations’ {Indian Bands} have reached understandings with DFO to permit ‘treaty-rights’ fisheries, other ‘First Nations’ in the province have not.
“There were also loud complaints by commercial fishermen that a DFO-licenced ‘Indigenous’ food, social and ceremonial fishery — which does not allow the catch to be sold — has been used to cloak an outright commercial fishery.
“In the case of elvers, a flood of unauthorized fishermen arrived on rivers in Nova Scotia and New Brunswick in the spring of 2023 eager to catch the tiny, translucent eels that can sell for up to $5,000 a kilogram. Almost all are shipped live to Asia where they are grown for food
“The influx overwhelmed DFO’s ability to manage the fishery.
“The government-authorized elver fishery — shared between eight commercial licence-holders and some Mi’kmaw and Wolastoqey communities — was shut down amid violence and threats on the rivers.
{This is the inevitable result of court-caused systemic racism and segregation.}
“However, unauthorized harvesting continued, carried out by both ‘Indigenous’ and non-‘Indigenous’ people.
{If Aboriginals are allowed to break the law, then so is everybody else…}
‘There needs to be clear expectations’
“DFO needs a clear plan that is communicated to all parties. There needs to be clear expectations of what is permitted and what is not permitted“,
Knight said Monday.
{That’s the result of a shallow, virtue-signalling court ruling…}
“DFO needs to execute the plan and arrest those who don’t comply. It’s as simple as that. And after a very small number of arrests and seizures are made, compliance will occur“,
he said.
“For its part, DFO says it has made arrests and seizures this year in the disputed lobster and elver fisheries.
“On the broader issue of illegal fishing, Knight urged dockside monitoring for the lobster industry, more resources for the conservation and protection branch and certification of catches to prove seafood was legally caught and recorded.
“CBC has reached out to DFO and the Assembly of Nova Scotia Mi’kmaw Chiefs. The responses will be reported when received.”
{NOTE: Canadian Aboriginals are ‘Indigenous’ to Siberia and Mongolia.}
–‘’Anarchy will reign’ if Indigenous fishing rights in Maritimes aren’t settled, says former DFO official’,
Paul Withers, CBC, Dec.12, 2023
See also:
‘The Illegal Lobster Fishery Is Back’ (Lobster Fishery) {Nov..3, 2023}:
“This keeps happening because our governments and courts keep encouraging this divisive nonsense, instead of supporting equal rights for ALL Canadian citizens. END RACE BASED LAW!:
“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.”
https://endracebasedlaw.wordpress.com/2023/11/03/the-illegal-lobster-fishery-is-back/
‘Cutting Through the Bullshit’ {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…”
https://endracebasedlaw.ca/2020/11/03/cutting-through-the-bullshit/
‘Creating A False Narrative’ {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’ {sic, they mean ‘Aboriginal’} fishers’…”
https://endracebasedlaw.ca/2020/10/22/creating-a-false-narrative/
‘Government Discrimination Backfires’ (Atlantic Clam Fishery) {March 8, 2018}:
“The federal government’s ‘reverse discrimination’ policies inevitably satisfy no one – including those the discrimination is intended to benefit…”
https://canadiansforlegalequality.wordpress.com/2018/03/08/government-discrimination-backfires/
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