If anyone has visted www.burntchurch.com, please be aware that this
website is a scam, and is not endorsed by Burnt Church in any way. The webmaster
of www.burntchurch.com is Gilles Prince of Quebec, who has stolen the domain, and
is believed to be collection funds that are suppose to help Burnt Church, but instead
he is pocketing it. Gilles Prince has tried to sell the domain to Burnt Church for
a large sum of money, but, Burnt Church will instead be suing Gilles Prince and taking
the domain through the WIPO (World Intellectual Property Organization) ( www.wipo.org
). Please warn people not to send money to Gilles Prince. You may contact Gilles
Prince at gmanager@simplcom.ca and demand that he take down the website, or contact
his WebHost ( www.contact.net ), at info@contact.net and demand that they take down
the website. The real Burnt Church support site, created by the People of Burnt Church,
is: http://www.tao.ca/~beinglightbeing/burntchurch/ This website will give you the
correct information for sending funds to help the cause. Wel·lin, Thank You!
Sincerely, MaqtewÈkpaqtism Registrant: Simplcom Inc (BURNTCHURCH-DOM) 2104 chartier
dorval, quebec H9P 1H2 CA Domain Name: BURNTCHURCH.COM Administrative Contact, Technical
Contact, Zone Contact, Billing Contact: prince, gilles (GP8064) gprince@SIMPLCOM.CA
simplcom inc 2104 Chartier Dorval, Quebec H9P 1H2 CA 514 631 3768 (FAX) 514 631 4286
Record last updated on 13-Oct-1999. Record expires on 13-Oct-2001. Record created
on 13-Oct-1999. Database last updated on 21-Sep-2000 06:10:33 EDT. Domain servers
in listed order: BLANC.CONTACT.NET 209.41.145.2 NOIR.CONTACT.NET 209.41.145.1
xxxx <xxxx>
xxxx, xxxx Canada - Thursday, September 21, 2000 at 12:58:25 (EDT)
If anyone has visted www.burntchurch.com, please be aware that
this website is a scam, and is not endorsed by Burnt Church in any way. The webmaster
of www.burntchurch.com is Gilles Prince of Quebec, who has stolen the domain, and
is believed to be collection funds that are suppose to help Burnt Church, but instead
he is pocketing it. Gilles Prince has tried to sell the domain to Burnt Church for
a large sum of money, but, Burnt Church will instead be suing Gilles Prince and taking
the domain through the WIPO (World Intellectual Property Organization) ( www.wipo.org
). Please warn people not to send money to Gilles Prince. You may contact Gilles
Prince at gmanager@simplcom.ca and demand that he take down the website, or contact
his WebHost ( www.contact.net ), at info@contact.net and demand that they take down
the website. The real Burnt Church support site, created by the People of Burnt Church,is:
http://www.tao.ca/~beinglightbeing/burntchurch/ This website will give you the correct
information for sending funds to help the cause.
Prairie Warrior
Canada - Thursday, September 21, 2000 at 12:30:55 (EDT)
If anyone has visted www.burntchurch.com, please be aware that
this website is a scam, and is not endorsed by Burnt Church in any way. The webmaster
of www.burntchurch.com is Gilles Prince of Quebec, who has stolen the domain, and
is believed to be collection funds that are suppose to help Burnt Church, but instead
he is pocketing it. Gilles Prince has tried to sell the domain to Burnt Church for
a large sum of money, but, Burnt Church will instead be suing Gilles Prince and taking
the domain through the WIPO (World Intellectual Property Organization) ( www.wipo.org
). Please warn people not to send money to Gilles Prince. You may contact Gilles
Prince at gmanager@simplcom.ca and demand that he take down the website, or contact
his WebHost ( www.contact.net ), at info@contact.net and demand that they take down
the website. The real Burnt Church support site, created by the People of Burnt Church,is:
http://www.tao.ca/~beinglightbeing/burntchurch/ This website will give you the correct
information for sending funds to help the cause.
Prairie Warrior
Canada - Thursday, September 21, 2000 at 12:30:52 (EDT)
If anyone has visted www.burntchurch.com, please be aware that
this website is a scam, and is not endorsed by Burnt Church in any way. The webmaster
of www.burntchurch.com is Gilles Prince of Quebec, who has stolen the domain, and
is believed to be collection funds that are suppose to help Burnt Church, but instead
he is pocketing it. Gilles Prince has tried to sell the domain to Burnt Church for
a large sum of money, but, Burnt Church will instead be suing Gilles Prince and taking
the domain through the WIPO (World Intellectual Property Organization) ( www.wipo.org
). Please warn people not to send money to Gilles Prince. You may contact Gilles
Prince at gmanager@simplcom.ca and demand that he take down the website, or contact
his WebHost ( www.contact.net ), at info@contact.net and demand that they take down
the website. The real Burnt Church support site, created by the People of Burnt Church,is:
http://www.tao.ca/~beinglightbeing/burntchurch/ This website will give you the correct
information for sending funds to help the cause.
Prairie Warrior
Canada - Thursday, September 21, 2000 at 12:30:48 (EDT)
If anyone has visted www.burntchurch.com, please be aware that
this website is a scam, and is not endorsed by Burnt Church in any way. The webmaster
of www.burntchurch.com is Gilles Prince of Quebec, who has stolen the domain, and
is believed to be collection funds that are suppose to help Burnt Church, but instead
he is pocketing it. Gilles Prince has tried to sell the domain to Burnt Church for
a large sum of money, but, Burnt Church will instead be suing Gilles Prince and taking
the domain through the WIPO (World Intellectual Property Organization) ( www.wipo.org
). Please warn people not to send money to Gilles Prince. You may contact Gilles
Prince at gmanager@simplcom.ca and demand that he take down the website, or contact
his WebHost ( www.contact.net ), at info@contact.net and demand that they take down
the website. The real Burnt Church support site, created by the People of Burnt Church,is:
http://www.tao.ca/~beinglightbeing/burntchurch/ This website will give you the correct
information for sending funds to help the cause.
Prairie Warrior
Canada - Thursday, September 21, 2000 at 12:30:35 (EDT)
I have been a supporter of aboriginal causes all of my life,
however the actions of the Burnt Church aboriginals is beginning to change that attitude.Your
behavior in regards the lobster stocks, your lies in regards the number of traps
in the water, and your total disregard for the rights of others would seem to indicate
that you have become that which you despise.
J Doucette <jodouce@ibm.net>
Manotick, Ont Canada - Thursday, September 21, 2000 at 12:02:25 (EDT)
SEEMS A LITTLE ODD THAT THERE IS SO MUCH DISINFORMATION BETWEEN
WHAT THE NATIVES GET AND WHAT THE NON-NATIVES THINK THEY HAVE OR GET. AND WHILE THE
NATIVES AND NON -NATIVES FIGHT OVER THE FISHERY THE ELECTED PEOPLE SIT ON THEIR LITTLE
ASSES IN OTTAWA AND HIDE. THERE NEEDS TO BE SOME SETTLEMENT OF THESE TREATY ISSUES
AT SOME TIME & I THINK THE COURTS ARE NOT THE PLACE. DOES ANYONE NATIVE OR NON-NATIVE
HAVE ANY FAITH IN THESE PEOPLE AT ALL. IF THEY DON;T GET OFF THEIR ASS AND DO WHAT
WE PAY THEM TO DO, THE COUNTRY WILL BE IN MORE MESS THAN IT IS NOW , AND IT WILL
BE ABOUT MORE THAN FISHING. BUT THAN AGAIN HOW LONG HAVE WE PUT UP WITH RICH PEOPLE
IN GOV. DOING NOTHING. MAYBE OUR PM COULD SHOW A LITTLE LIFE AND GET AS INTERESTED
AS HE WAS IN KEEPING THE WORLD FROM SEEING STUDENTS PROTEST.AND ORDER THESE PEOPLE
TO SETTLE SOMTHING.
J PEROE
HALIFAX, NS Canada - Thursday, September 21, 2000 at 11:53:41 (EDT)
TO MR.CASEY... To be honnest they dont have to set traps next
year or the year after or ever because all their needs are provided for including
dental care,eye care and it goes on... the only Necessity for them to set traps is
to provide that magic little white powder because gasoline sniffing is kinda outta
style if the profits of this fishery was going towards usefull means it would be
a diffrent story. But it is due time for the people of this country to be informed
of what goes on on these freeBee reservations Screw that deal where the goverment
of Canada buys and distributes fishing gear,boats and licences to NativePeople and
send them out there on the water to distroy whatever ressource conservation that
has been the objective of Non-Native fishermen for the last 40years. as for the 10
to 12 thousan dollars that would not even cover fuel and bait for commercial fishermen,oh
but,Natives woulnt realize that because they dont have to pay for anything! It's
all on the house... Sorry fellas But the house is about to CLOSE *confused*
MIRAMICHIER
close to burntchurch, nb Canada - Thursday, September 21, 2000 at 11:29:55 (EDT)
HAVE COURAGE MY BROTHERS AND SISTERS OF BURNTCHURCH. YOU ARE
DOING NOTHING WRONG, YOUR JUST NOT DOING IT THE WAY THE WHITEMAN WANTS YOU TO. WE
ARE A NATION ACROSS CANADA AND WE WILL COME TOGATHER AS ONE. WE HAVE FOR TOO LONG
TRYED TO REASON WITH THE GOVERNMENT AS SMALL BANDS. THE TIME IS PAST , WE NEED TO
GET TO BAND TOGATHER AND FROM COAST TO COAST SETTLE AT LEAST SOME OF OUR TREATY RIGHTS.
IF ANY OTHER NATION WERE TO BE TREATED FIRST NATIONS THE NATION WOULD CALL IT WAR.
AT SOME POINT THE NATION OF CANADA WILL HAVE TO FOLLOW THE COURTS AND AS TIME GOES
ON THERE ARE MORE OF US NOT LESS.
T EAGLESTONE
SYDNEY, NS Canada - Thursday, September 21, 2000 at 10:57:13 (EDT)
I;D LIKE TO INFORM THIS POOR CREATURE WHO THINKS LIVING ON
A RESERVE IS LIKE WINNING THE LOTO, THAT SHE OR HE HAD BETTER GO BACK TO SCHOOL AND
TRY TO GET THEIR GRADE 1 EDUCATION. SOME PEOPLE ARE JUST PLAIN STUPID. THIS PERSON
MUST HAVE MISSED THE FACT THAT THE WHITE FISHERMAN WERE OFFERED 10,000 TO 12,000
DOLLARS TO LEAVE NATIVE TRAPS ALONE. MAYBE THAY SHOULD GIVE TO THE PEOPLE OF BURNTCHURCH
AND THEY WON;T HAVE TO SET TRAPS UNTIL NEXT YEAR. IS IT ANY WONDER NATIVES AND NON
NATIVES MISTRUST THE GOV.
MR. CASEY
HALIFAX, NS Canada - Thursday, September 21, 2000 at 10:30:07 (EDT)
With all due respect for Native people and with Heart felt
feelings for all other Races of this planet. I find it unthinkable that certain people
f a certain race has not yet evoluted beyond 1762 Now thatís when they talk
about treatyís Yet I havenít seen many lately fishing out of a canoe with
a harpon, tepees are pretty well gone and horses have turned into 4x4 Life on on
the reserve is like winning at the lotto, You get to live free in beautiful homes,
your food is paid for, all utilities are covered With tax payers money Yours&Mine
All this because they were here first. I forgot to tell you that as an Acadian my
ancestors have been traced back to Adam&Eve which dates back way before 1762
My God! I do believe They were the first people on this planet. Therefore we must
all be related I say welcome to the year 2000 Were everybody must work for a living.
The time has come to burn those treaties We donít have to pay for century old
mistakes forever Time to sit down rewrite the book of law and have it apply to Every
Canadian citizen Have these people pay for tax. They might just have a little bit
more Respect for the Country if they invested into it With all that said One question
answered by you all would make me feel normal again because right now I can only
sign my name as Confused (QuestionîShould those treaties be abolished YES OR
NO
miramichier
Canada - Thursday, September 21, 2000 at 10:14:34 (EDT)
I have always though that if you retorted a bad comment with
another bad comment you will hurt the people who made the bad comment in the first
place. Now I believe this statement to be somewhat true, and while this may hurt
someones feelings for a day or so you do no permanant damage. Now you here all sorts
of big words coming from both sides of this conflict, such as "I am willing
to die for my rights." or "If the natives do not get out of the water we
will take actions into our own hands, and there will be bloodshed.". Now these
are pretty strong words and there is no doubt that a few individuals in this dispute
are crazy enough to put these statements into practice, I for one am not one of these
people I was always told that if someone is killed over lobster than lobster just
became to expensive. Nobody wants to loss their lives over a fish especially me.
I have a wife and kid at home and were would they be without me and I know there
are plenty of other fishermen out there in the same position. Not to say this conflict
does not burn me deep in my heart and my hatred for the way my people are being treated
has not made me think crazy thoughts, but as long as I do not act on these feelings
nobody is hurt by them. So in regards to the conflict in Burnt Church we natives
are hopelessly outnumbered by our Non-native oppressors, and as you may have noticed
I did not catagorize our oppressors by any type of race or creed, for they come from
many a different background.
They all work for the biggest mafia organization in the world, the Canadian Government.
The people that work in this organization are not only white but black, east indian,
chinese, etc... They all work for the collective. Now if you were looking at this
from a numbers point of view there are more of them, they have more resources, more
boats, more traps, More to lose, and in our case nothing to lose but everything to
gain from this situation. So instead of fighting a physical battle with these people,
a battle we will not win, we fight a battle we can win. We will fight these people
by hitting them were it hurts the most, in their pocketbooks. I say that if any traps
are cut in Burnt Church or in any other native community we shut down the lobster
fishery for the whole of the Eastern coast. How do we do this, we make sure no body
has a chance to fish their traps. We destroy the Non-native fishery by adopting their
way of warfare. We cut and disable traps. No lobster to sell, no food on the table.
No money coming in, banks come calling threatening to foreclose. No way to support
their families they have to sell their gear. We, of course are no worse for the wear
because they never gave us anything in the first place. So lets not make idle threats
about killing each other over a few traps in the water because we all know there
are not enough there to hurt anyone in the grand scheme of things. what is 1000 traps
now compared to 100000 in the commercial season. I am no genius but we definately
have less to loss than our Non-native counterparts.
Moses Barlow
Indian Island, NB Canada - Wednesday, September 20, 2000 at 01:20:21 (EDT)
First of all let me state that I am a None Native. And confident
of it but losing pride fast in my fellow white people. Secondly I am an ex employee
of the federal Government. The Government of Canada has treated all individuals of
this country unfairly but the native people of Canada are the only ones to stand
up to the Government and say Enough is Enough. Look back in history you stupid apathetic
white man "We will not take the GST standing," so we lay down with it instead.
This is just one case. Now it is hi Gas prices instead of telling our so called democratic
government to cram it up their ass and fighting back the tax we again except it.
We as white people and I say white people including all people that rationalize white
in this comment. When Christopher Colobus came to Canada he said there was enough
fish to feed the world. So the white Man and other people of non native back ground
decide to manage the stock (including Dingwall) and now the stocks are depleted.
I ask you one thing think of who managed then before Colobus and his group. Then
ask who should we blamed. I say every fisherman Native or Non Native that has ever
brushed eggs off a Lobster, anyone that has ever thrown garbage into a ditch, Any
one that has ever cut a trap and left it sit full at the bottom of the ocean. It
is not a native problem this Government is a Canadian concern. Open your eyes and
stop letting the Government persuade you that it is the First Nations to blame. Our
Government has had this in the works for years but only we can say stop. If all Canadians
and Canadian First Nations people band together we could control our government instead
of our government controlling us. Just have the backbone to think before we act against
our brothers and sisters in this Truly Canadian problem (our Government).
Snipe <Snipers@mondata.com>
Richibucto, NB Canada - Tuesday, September 19, 2000 at 23:38:26 (EDT)
The problems that we first nation's have to put up with each
and every day is just sickening! The harasment that I go thru daily from 1) the general
public, 2)The police 3)The three level's of government is just that sickening! They
don't, can't, and will never ever be able to understand us the back bone of this
country. I support Burnt Church and what your nation is doing! One day the people
of Canada will learn that treaty right are treaty right's as long as the sun set's
and the river's run! My Nation support's you and you support us in our fight against
the Government of Canada and Alberta! Long Live first nation's! feel free to e-mail
me with any question's or comment's, or just to make new friend's! Arvin P. White
Cow Peigan Nation '2000.
Arvin P. White Cow <peigan_nation@canada.com>
Peigan Nation, Blackfoot Confederation, Treaty 7., AB Canada - Tuesday, September
19, 2000 at 22:12:19 (EDT)
Hi I am Studying this in school and i think the government
should mind their own buisness because Come on The Natives are on frikin welfare
your taking away their homes and the only way they can live. You got the government
trying to but in. SO ALL I GOT TO SAY ISSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG
OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
NATIVES
Kevin Morrow
Canada - Tuesday, September 19, 2000 at 13:14:21 (EDT)
A lot of people are asking why native fishermen think they
have the right to fish lobster out of season.
As Eco asks, "...why do you, as a nation, have a greater right to an industry
that your neighbours have?"
Well Eco, doesn't every nation have the right to make its own rules? The government
of Canada needs to re-think its puffed-up, colonial, power-grabbing, central authority
mentality when negotiating in good faith with First Nations people.
Canada needs to begin a healing process process that includes real power-sharing
with native communities.
We need to see the withdrawal of DFO and the concurrent creation of a native-run
organization responsible for lobster quotas, fishing seasons, and issuing lobster
tags and licenses. The feds could give them the money to do this that presently goes
to DFO in those jurisdictions.
Why should Canada do this? Because as far as I know the
Mik'maq never agreed to surrender their rights to the land and its resources. They
never had a referendum to join Canada.
That's why they still are a separate nation. And that's why Canada needs to start
respecting them as a separate nation.
Steve d'Apollonia <stevedap@accesscable.net>
Dartmouth, NS Canada - Tuesday, September 19, 2000 at 09:47:31 (EDT)
This is not a note of support or condemnation. I understand
there exists a basic right of self government or independant government and I support
that idea but is this idea not being decided on the back of a more fragile issue
or industry - fishing and fish stocks? Tell me, what would you do or say if Ottawa
simply responded by allowing all fishermen the same 'rights' as you demand - open
season, or extended season to match your own. I would presume this would ruin the
industry for all involved. You would win and we all would loose - and who would look
tarnished at the end? I would love to have a response from you and I will be happy
to spread a convincing argument, but please spare me the millitaristic posturing
we see on the news as well argument of the right to feed your own good selves as
from what I understand, this is industry - plain and simple. So please tell me -
why do you, as a nation, have a greater right to an industry that your neighbours
have? i.e. you can fish as you like but non native can not. Please excuse me if this
is an old question for you but I never hear it posited on the news and it seems that
so obvious a question should be discussed if only to gauge an idiological standpoint.
Please resopnd if you have a chance as I would like to be put staight on this question.
eco <eco@globalserve.net>
toronto, on Canada - Tuesday, September 19, 2000 at 00:33:12 (EDT)
Maritime Fishermen's Union Presentation to the Parliamentary
Standing Committee on Fisheries & Oceans Moncton, New Brunswick November 25,
1999 Introduction First, let me express my thanks to the Fisheries Committee for
the opportunity to go on the record regarding the historic Marshall decision and
its implications for our members, their families and their communities. I also wish
to commend the Committee for recognizing the importance of coming to Atlantic Canada
to meet with fishermen, their organizations and Native communities to discuss the
Supreme Court's decision. The Maritime Fishermen's Union represents approximately
2,000 Bonafide type fishing operations in the Gulf of St. Lawrence and Scotia Fundy
regions [...]
This post is very big, so it got moved to the bottom: [Full text here]
someone
Canada - Monday, September 18, 2000 at 22:35:54 (EDT)
C_dedam: OH Please? I don't know my facts??? about native people
working/getting welfare? PLease I am from Burnt-Church i've been living here for
over 10years now so what you mean get my facts straight!! more like you better take
up canadian history befor trying to talk like you do to your elders.. it's because
of shallow minded people of the reservations like you that we elderly people are
afraid to speak out against what is wrong for our community *gosh*
ohplease
miramichi, Canada - Monday, September 18, 2000 at 22:30:31 (EDT)
I am writing this letter in respond to one of the letters I
read while reading these support letters. My reponse is to one letter that stated
that the people from Burnt Church work and get welfare at the same time. Well, I
am from Burnt Church, and WE don't get welfare plus a pay cheque, so wherever you
get your information from, he or she are definately wrong. The situation in Burnt
Church has nothing to do with getting what cheque you get, it's about preserving
out inherit rights. We are fighting to keep our rights for our children, because
when they get older they are going to need a livelihood. I support the men and women
from my homeland in OUR fight for our rights. I am now attending University, and
some people support our fight also. So, to all the men and women in Burnt Church,
KEEP FIGHTING. And to that person who wrote about the pay cheque and Welfare Cheque,
GET YOUR FACTS STRAIGHT BEFORE YOU INFORM OTHERS, BECAUSE YOU DON'T REALLY KNOW THE
TRUTH ABOUT WHAT'S GOING ON!!!!!
shy <cdedam@hotmail.com>
Fredericton, NB Canada - Monday, September 18, 2000 at 09:06:18 (EDT)
It makes one wonder how a country, voted by the UN as the greatest
country in the world to live ten times in a row, can treat their aboriginal community
so shabbily. It wasn't so long ago that natives were being brutally abused in residential
schools, was it not? There is a disproportionately high number of natives in prisons
around the world, everywhere from Canada to Australia---a mistake? I think not. There
are also a great many misconceptions about the aboriginal community--a grave concern
that needs to be addressed sooner than later. It is sad to note that in years of
horror inflicted upon our original peoples, the government has not learned anything.
Despite their half-hearted apologies of mistakes in the past (in terms of the residential
schools), they are saying one thing and doing another. This fact alone makes me ashamed
to be Canadian. We pride ourselves on having a set of Human Rights that are just
and fair, yet where do we use them? Do we really see them in practise? I didn't think
so. Unless you happen to be of white origin, you are excluded from the same rights
and privileges that other WASPS are granted. Canada is predicated on the notion of
justice and equality for all. I scoff at the idea. It is obvious from the blatant
disregard for our nation's indigenous people how ridiculous that notion is. Our natives
are surrounded by disease, poverty, and despair. They are the unfortunate inhabitants
of cruel circumstances beyond their control---they are caught in a Third World trap---a
state that the Canadian Human Rights Commission has identified as a national tragedy
for every year for the past decade. Today, there are over 380,000 inhabitants living
in deplorable conditions including overcrowded homes and in grinding poverty. The
situation in Burnt Church is about allowing them the chance to better their living
conditions. They have a right to a livelihood. They have a right to a life complete
with their inalienable right for justice, peace and equality...so how dare we stand
by and watch these needs not be met? We need to speak out against the injustice they
are receiving at the hands of our corrupt government officials! After all, the residents
of Burnt Church and other communities are just struggling to survive, they haven't
been given a chance to live! Thus, together, we must strive to make sure no further
pain is inflicted on our original peoples. Only in that way can a new beginning be
made for a very different future. That future must include creating a Canada free
from discrimination, we as a country need to listen to their cries for dignity and
respect and to pursue justice for our first settlers, our fellow man that deserve
to be treated as equals. We must work to build a relationship, as the Manitoba leader
Thomas Prince encouraged the government to do in 1947, that will bind Aboriginal
people and non-Aboriginal people "so that they can trust each other andÖcan
walk together side by side and face this world having faith and confidence in one
another."
Cynthia Stone <cynthiaa@home.com>
Toronto, ON Canada - Sunday, September 17, 2000 at 15:56:48 (EDT)
What is happening out there right now (and what has been happening
to Aboriginal people on Turtle Island since European contact) truly disgusts me.
The arrogance that the Canadian government has to try and tell Aboriginal people
how they should be conducting their traditional activities; it is quite ridiculous.
These people have been trying to control the way in which things are done here for
too long. We know what is best for our Mother, we were given those teachings. Here
we have a people who have abused this land since they got here, trying to tell us
how to take care of her. Continue doing what you know is right. I am so happy that
you are not going to back down and let them dictate to you. It is good that we are
starting to stand up for our rights and what we know to be true. Do not back down!
Let things get serious if they need to be, you will not be alone. All nations of
Aboriginal peoples need to stick together and support each other. We have all had
similar relationships with the Canadian government and we have the ability to help
each other. If we stick together we can accomplish anything that they send our way.
Many people are willing to help if they are needed, they are just waiting and watching.
Know that you are not alone. People are leaving messages about the capabilities of
the government in terms of violence, but remember what you are fighting for in the
big picture. It is worth fighting for and it is worth any consequences that could
arise. Fighting for what we believe in is worth dying if it comes to that because
if we do not fight for our rights to live how we need to (to survive as distinct
nations), if we let them take that away from us, then we are not really living. Our
spirits will die. Let's support each other in keeping our ways alive. I feel proud
to see another Aboriginal nation showing their fighting spirit and not being pushed
around. I wish that I could be there in body to help in whatever way I could, but
I am there in spirit. Don't back down, stay strong! From an Anishinaabe sister,
Gdagaagoons Kwe <bineshiinh@sympatico.ca>
Alderville First Nation, ON Canada - Sunday, September 17, 2000 at 09:41:17 (EDT)
The situation between the Canadian government and the First
Nations people at Burnt Church is very analagous to a situation of spousal abuse.
The Canadian government is like an abusive spouse who claims to want a relationship
of equality but in reality only wants the appearance of equality while insisting
that any interaction must start with the assumption that they have absolute control
and authority. All it does is set the stage for more abuse. What needs to happen
between the Canadian government and the First Nations people is what also needs to
happen in abusive marriages: the one who claims authority is responsible to set the
example for reconciliation, first by examining their own past behaviour and apologizing
for past abuse, then make restitution for the damage done, and then committing to
change their behaviour in the future. Then the abused spouse feels safe enough to
begin trusting, and not until then. The problems between Canada and the First Nations
people need to begin with a formal apology from the government of Canada for their
sins of the past against our First Nations people. They are the grandparents of this
multicultural family called Canada, who deserve honour and recognition as the family
heritage and respect for their knowledge. Instead they are treated like the family
dog, kicked around and used as a scapegoat for people to whom the only meaningful
thing in life is money.
Maxine Dickie <WindSpirit@ns.sympatico.ca>
Maitland, NS Canada - Friday, September 15, 2000 at 10:30:00 (EDT)
First of all I would like to say that all people should be
treated equal. I feel no need that this should even be taking place. In my statement
I would like to include two sides to this tale. First I will start with the residents
of Burnt Church and all other native fishermen. As I said before everyone should
be treated equal and should obide by the same rules as everyone else. It may be hard
to have to change some of the tradition passed down to the natives of Burnt Church
fisher's, but all of this could be settled in a matter of weeks. And what is happening
as you continue to disobey, DFO and Government rules and regulations, will only make
them need to use even more drastic measures that may result in death of a party member.
Rules are obeyed by all other races such as Whites and Blacks and nothing has ever
come from doing the right thing and we have all learned to live with these rules
and to this day continue to live normal and worry free lives. What everyone needs
to accomplish is a treaty with one another that will satisfy everyone by SITTING
AT A TABLE not taking this to battles in the sea. As for the government violence
is not the way, it never will be. As for the whites coming into Canada taking away
land from the natives, this happened a long time ago and by now this should be over.
Blacks had the hardest times with white people, slavery, and pure torture should
be the ones complaining if anyone. Reasons for the DFO performing fishing laws is
because THERE WON'T BE ANY FISH LEFT! In conclusion to this I hope that this letter
is taken into consideration and I wish for the time that you will E-Mail me back
for more updates on this issue. Sicerly Matt Ligon
Matt Ligon <mattligon@hotmail.com>
Halifax, N.S. Canada - Wednesday, September 13, 2000 at 22:54:29 (EDT)
I want to wish you greetings and to say i think most Canadians
feel some shame , to see our Government in the name of the people unleash the Navy,
RCMP, Dept of Fisheries and the RCMP Secret Service. on so few poorly equipted people.
It seems the high court made a ruling that the Government has the power to overturn
by law or by warfare. You are a poor band of natives and no match for such power.
the PM's office who ordered the RCMP to peper spray students with less than sixty
seconds warning, is more than capable of ordering the NAVY to wipe out your people
with the same time table. Sounds like somthing that could only happen overseas, but
I don't think a lot of Canadians would be too suprised. press on with what you believe.
jim thibeau <wsiddsll@ns.ca>
yarmouth, ns Canada - Wednesday, September 13, 2000 at 13:28:18 (EDT)
WE DONT WANT YA'LL TO GIVE UP YOUR RIGHTS WE WANT YOU TO FISH
SAME TIME AS NON NATIVE MAY/JUNE IT'S NOT THE END OF THE WORLD...FISH LOBSTER IN
MAY AND JUNE AND FISH SOMETHING ELSE IN THE OTHER MONTHS... LIKEOYSTERS/MAKCREL/
ETC...I MEAN C'MON NOW WHY 2 SEASONS FOR YOU ALL WHEN WE CAN ONLY HAVE ONE? WE ARE
"ACADIAN/CANADIAN" YOU CLAIM "CANADA IS YOUR LAND" AND ONE OF
YOU POSTED THAT YOU WERENT CANADIAN? WHAT THE HELL IS REALLY GOING ON?
CONCERNED <ran_nye@hotmail.com>
miramichi, Canada - Wednesday, September 13, 2000 at 09:04:36 (EDT)
I sent this letter to University of Calgary professor Tom Flanagan.
BIO: Tom Flanagan
As a researcher, I am probably best known for my books on
Louis Riel and the Metis, including Louis 'David' Riel: 'Prophet of the New World'
and Metis Lands in Manitoba. I still study aboriginal issues and am working on a
book tentatively entitled First Nations, Second Thoughts?
In the early 1990s, I was director of research for the Reform
Party of Canada. This experience led to my book Waiting for the Wave: The Reform
Party and Preston Manning. I continue to do media commentary on topics involving
the Reform Party.
Another of my interests is game theory and rational-choice
analysis. My book, Game Theory and Canadian Politics is slated for publication in
November 1998 by the University of Toronto Press.
I teach a variety of elective courses in political theory,
including topics such as millenarianism, rational choice, biopolitics, and John Stuart
Mill. Because I will be on sabbatical during the academic year 1998-99 and will be
Seagram's Visiting Professor of Canadian Studies at McGill in fall 1999, I will not
be offering courses at the University of Calgary until the winter term 2000.
Some graduate students of mine who have gone on to pursue
academic careers are Martha Lee, now teaching at the University of Windsor; Kate
Chiste (University of Lethbridge); and John Hiemstra (King's University, Edmonton).
-------
Dear Tom Flanagan,
I just heard your sanctimonious commentary on CBC radio
regarding treaties, native land claims and the Marshal Supreme Court decision, in
which you predict dire consequences if Canada doesn't nip this 'problem' in the bud.
Why can't you just be honest and call a spade a spade instead
of trying to hide and rationalize the collective guilt of the settlement of North
America and the subjecation of its indigenous peoples by our Europeans ancestors.
Look, when the first settlers came to Canada they discovered indigenous tribes that
had been living here for thousands of years. Treaties were needed before conquest
could take its orderly course and settlement be achieved. Do you think for a second
that the European settlers would have got back on their ships and gone back to Europe
if the Indian tribes didn't sign those so-called treaties that you think are so sacred?
Do you think the native tribes had any choice in the significant terms. It was simply
take it or leave it. The settlers we're here to stay.
The honest fact to report is that when the Europeans arrived
here in the 1500's they found a land populated by tribes of stone-age "savages".
The natives were easily defeated by a technologically advanced culture and military
--not to mention the diseases brought by the Euopeans to which the indiginous Noth
Americans had no immunity.
Fast forward to the Canada we have today with its vast areas
of almost unpopulated forests and tundra. Imagine another theoretical culture looking
upon all this unused land with envy, and a desire to "settle" here with
their own culture and their own people. Imagine this invading culture landing here
having advanced weapon systems that could quickly overrun the existing population
if they were non-compliant. Imagine them bent on occupying and settling this land
no matter what. Isn't that how the Europeans behaved hen they arrived in North America?
Is it all competition? Survival of the fittest?
Say it Mr. Flanagan: "The smarter thing for Canada
to have done back when they had the chance would have been to exterminate all those
pissed off native tribes whose lands were overran and taken from them." You
don't hear anything about native land claims in Newfoundland do you?
People just want the simple truth - no matter how bitter
it is. Then and only then can society have an intellectually honest discussion about
what to do about it.
Steve d'Apollonia <stevedap@accesscable.net>
Canada - Wednesday, September 13, 2000 at 08:53:12 (EDT)
I presonal support actions of the natives at Burnt Church.
We as natives and as a nation have been silent for too long on violations of our
treaty rights. Our situation in Canada is compareable to the aparti in Africa and
consentration camps in Germany (WWI, WWII). We are segregated onto reserves and striped
of our rights, specificaly our teaty rights. I'm sure we are all tired of the government
over-ruling our treaty rights, and we all need to stand up to them like the poeple
of Burnt Church. But they are just one voice we all need to join together in a united
voice, because it will louder and stronger.
F. Day Rider <dayfl01@raptor.lethbrigec.ab.ca>
lethbrige, ab Canada - Tuesday, September 12, 2000 at 21:31:31 (EDT)
We the people should have all the rights to hunt and fish.That
hows the natives feed their families.I support the rights of the natives and may
the spirit be with them at all times......
Mary <mary_augustine@hotmail.com>
Listuguj, PQ Canada - Tuesday, September 12, 2000 at 18:16:32 (EDT)
I don't know how many more times I have to say this but We
are not I repeat NOT Canadian> We have our own nations our own Government. It
is not illegal for us to fish or hunt when it is time for us to fish or hunt. This
is the governments attempt to maintain the status que for all our people in how they
deal with us.Hey heres an idea why don't non-natives fish the same time as we do
well because you are affaid of standing up for yourselves thats why. To the Mikmaq
people you are not alone over there we are support of your actions I pray you all
well. plus some of our people that out there are going to be needed here in BC some
time soon. Take care of the "Generals" men out there for the time being.
They will know who I'm talking about
mother goose <the_only_ronin@hotmail.com>
penticton, BC Canada - Tuesday, September 12, 2000 at 18:07:15 (EDT)
If the D.F.O. rammed and sunk 2 Native owned fishing boats,
what is stopping them from other things?? Because TThey are 'upholding the law' as
they say. Herb Dhaliwal (who is not even an aboriginal) is quoted as saying that
'The D.F.O. are just out there doing there job and will continue to do so. Also that
he will condemn anyone who brings the law into their own hands. Who is upholding
the law for us? Certainly not Herb Dhaliwal, he is just a puppet for the government.
We have no choice but to do what we have to do. If we don't stand up for ourselves
and our rights as the people of this land who will? So hell yeah take this into our
own hands, fight for our rights! We are not being greedy, like so many white people
say we are, far from it, we are trying to preserve our heritage and save our Mother
Earth for our children. Herb Dhaliwal is supposed to be on our side, looking after
our best interests. All he really is doing is telling us to sell out. To give up
what is ours. Well i say bullsh*t, don't listen to him, he's not even from our country
and yet they give him a job looking after the best interests of our PEOPLE the true
and original inhabitants of this land. I say Native people of Canada stand up for
yourselves! Shake off the oppression of this white supremacist order! They try to
keep us down and fighting amongst ourselves because they know that together, UNITED,
we will take back what is rightfully ours as the original inhabitants of this land!
When The Marshall decision was made Natives across Canada rejoiced, we were happy
that for ONCE the Government was upholding its part of the bargain it made when we
signed the treaties. In reality they say that they honor the treaty but, when we
started excersing our rights as we should, we were told that it was too much that
we should stop and that we should quit exhausting the resources! HAH that is the
pot calling the kettle black! What have they been doing on this earth since they
evolved? Exhausting the resources! Well excuse me while i laugh. The Native people
were historically the most environmentally aware culture to ever roam this world,
we took care of the Earth and never did we exhaust the resources, we respected and
loved the earth. jsut a few thought, on a big subject and i did not even scratch
the surface on how i feel yet.
Xhopakelxhit <ndnqueen69@yahoo.com>
everywhere, my land - Tuesday, September 12, 2000 at 16:45:23 (EDT)
The following is a letter that I sent to the Prime Minister.
I have not yet received the courtesy of a response from him. However, I have forwarded
it to several people who have signed it with their own name and sent it to the PM.
Dear Prime Minister: I am very disappointed by your lack of involvement in the lobster
fishing conflict. The Department of Fishery has ignored the Supreme Court ruling
confirming the right of aboriginal peoples to manage their fishery and has thus perpetuated
our country's shameful history of ignoring our own laws and treaties in matters pertaining
to First Peoples. As a former minister of Indian Affairs, and a Prime Minister who
has repeatedly stated his commitment to equitable settlement of Aboriginal claims,
I would have expected you to take a proactive role in honouring the treaties that
the Canadian government has forged. I hope that you don't imagine for a second that
your silence has prevented the people of Canada from implicating you in the recent
injustices at Burnt Church. As Prime Minister, we hold you completely responsible
for the actions of your agents. Since you have failed to respond to your responsibilities
to uphold treaties and the law, perhaps a political reality will motivate you to
act: you will be forced to call an election within the next few months. With your
record of such liberticidal acts as OPEC and significant funding cuts to the CBC,
Canadians are forced to question whether you have any interest in social justice
at all. You will understand if we explore other options for governance. I urge you
to act and protect your already damaged reputation before it is too late. Yours truly,
Rishi Trikha
Rishi Trikha <rishitrikha@hotmail.com>
Toronto, on Canada - Saturday, September 09, 2000 at 14:01:41 (EDT)
I am truthfully ashamed of all this... The first nation people
*DO* have a right to fish..Why NOT (in the legal season) at the same time as the
non native fishermen.. I was reading a news paper the other day I came accross something
that said *NON NATIVE FISHERMEN OVER 1MILLION TRAPS NATIVE FISHERMEN ONLY WANT 5000)
The problem is *NON NATIVE FISHERMEN" Pay their own boats,house,taxes,fishing
licence etc Native people in "Burnt-Church" Don't pay for anything What
they make is theires... Why is it that native people can WORK and GET WELFARE? I
know for a FACT:That non native people cannot do that..so why are they complaning
they have *Everything and still want more* (I HAVE NOTHING AGAINST NATIVE PEOPLE
CULTURE IS WONDERFULL/BEAUTYFULL AND **MOST** OF THE PEOPLE OF BURNT CHURCH ARE GREAT....
*IT'S THE HANDFULL IN BURNT-CHURCH WHO ARE ROBBING THEIR COMMUNITY OF WHAT IS GOOD
FOR THEM!!!!
Very Concerned but *not racist* <ran_nye@hotmail.com>
Miramichi area, nb Canada - Saturday, September 09, 2000 at 10:08:31 (EDT)
While the Burnt Church fishermen are being presented to the
media as lawbreakers which the government needs to deal with promptly, it should
be known that the non-native fishermen have been breaking the law for years while
the government looks the other way, which is why the situation is so unjust. Every
year these fishermen on both sides of Miramichi Bay can confine their fishing to
a dictated fishing season because the government ensures they receive large unemployment
checks the rest of the year even though Employment Officials know full well they
don't qualify in many cases because they aren't actively looking for work during
this time which is a requirement of receiving employment insurance. It would be interesting
to look into how many non-native fishermen are actively looking for work while they
receive these large employment benefit checks year after year, and if not, it would
be interesting to know whether or not Employment and Immigration officials are aware
of this and looking the other way. In which case we should expect the government
to treat the non-natives in the same way as the natives. The money being doled out
for employment insurance is also a precious resource which is being exploited, namely
taxpayers' money. Something to look into maybe?
Maxine Dickie <WindSpirit@ns.sympatico.ca>
Maitland, NS Canada - Wednesday, September 06, 2000 at 09:22:30 (EDT)
am remebering what happened to the people of aficville when
city officials came with briefcases od dollar bills, and bulldozers. can see the
similarity in the "deals" offered to other bands in atlantic canada. i
didnt do any thing to help back then, i'd like to support you now. hang on in there,
you are right, but it will take time. if i can help, tell me best regards to all
don landry
don landry <don.landry@pei.sympatico.ca>
tignish, pei Canada - Tuesday, September 05, 2000 at 11:08:19 (EDT)
Sept 4/2000 I feel the ony way to solve this promblem is to
take a day for everyone to come off the water and spend it in serious prayer and
asking God to give direction.By faith the walls of Jerico came down in the bible.By
faith God can remove the walls of discrimnation.It's time to put our trust in God
as it is plain to see man has failed big time.
Shirley Kedy <jkeddy@homefreeweb.com>
middleton, n.s. Canada - Monday, September 04, 2000 at 18:45:35 (EDT)
Over fishing???? I think NOT. Take the time to look at things
as a whole before you rush to judgement. We are all living on north american soil....
or should I be more specific... native north american soil ... snap out of it people
... honour your ancestors doings !
Terri Bartibogue <zoomzoomfx@yahoo.com>
Burnt Church, nb Canada - Monday, September 04, 2000 at 16:11:11 (EDT)
When Mike Harris wanted a dead indian at Camp Ipperwash, The
cops were happy to do the deed. I hope you people will be very careful.
Peter Seville <peter10001@hotmail.com>
ont Canada - Monday, September 04, 2000 at 10:22:43 (EDT)
It is truly awful your band does not abide by the Canadian
laws and cannot forsee that overfishing will deplete the fishing stock. Why should
Canadians put up with your crap. You deserve what is happening.
Anonymous Canadian <lisalovely15@hotmail.com>
Canada - Sunday, September 03, 2000 at 21:45:36 (EDT)
People of the Dawn, Your vailient efforts to keep your rights
as a nation and as a people are to be commended. We praise your determination and
brave actions towards the Canadian Government and those who condomn your people to
exercise your inherit rights to earn a modest living and to keep your nation as one
and not to be assimulated into the "white" society. Be Strong.
Sadie <sadiedee@yahoo.com>
Pheonix, AZ USA - Sunday, September 03, 2000 at 20:25:13 (EDT)
So, I've been reading and keeping up with the situation in
Burnt Church, New Brunswick .. and I gotta say that I'm glad you all have a web page
.. so, here are my thoughts on the situation ..... you go NATIVES! .. Splendid job
.. keep up the strength muh brothers n sisters!! well not really I'm non-native..
but I strongly support your efforts .. this is only the stepping stone for you!!
BEST WISHES!! -- GILDA
Gilda
Prince George , BC Canada - Sunday, September 03, 2000 at 20:17:55 (EDT)
The views expressed on your "billboard" clearly show
that the people around the country and the world are one sided, or, should I say,
on your side.
S Munns <spmunns@hotmail.com>
toronto, on Canada - Sunday, September 03, 2000 at 09:06:23 (EDT)
As one of the few tribal leaders who stood up and challenged
the US police down here, and Won, I wholeheartedly encourage the Burnt Church people
to protect what is yours. If you listen to those who say "Don't do anything
rash" those in power take this as a sign of weaknes, timidity and a lack of
commitment on your part. If you truly believe you are sovereign, have a valid treaty,
and you are acting in self-defense, go at it in the way of a warrior, like Tecumseh
or Crazy Horse did long ago down here. I witnessed a fight like yours in the late
1970s on the Klamath River in Northern California when the FBI swat teams tried to
destroy native's fishing nets. A boatload of native men took them on physically in
protection of their treaty rights. So if you are truly sovereign, you must act like
it. Words are cheap. It's action that will prevail. Mobilize your army and your navy,
then let the DFO know that you mean business and are ready to defend yourselves.
The Great Spirit is with you. Elmer Savilla, Quechan Indian Nation of California,
now living in Virginia.
Elmer Savilla <ems@elmersavilla.com>
Burke, VA US - Saturday, September 02, 2000 at 15:47:40 (EDT)
I have been following the "crisis" taking place in
and around your traditional territory. Aboriginal people all over Turtle Island are
keeping an eye on the situation. You can bet that if things get worse there will
be more people to stand beside you. That which is taking place around your waters
could happen in any one of our communities. It's too bad Canada is using you as a
scapegoat. I personally am glad that you are standing up for your rights. Don't let
them take away what is inherently yours. My spirit stands beside you!!!!!
E. King <twobraidz@hotmail.com>
Chimnissing, Ont Canada - Friday, September 01, 2000 at 20:53:19 (EDT)
I am writing this letter today because I am disgusted with
the actions of the Canadian so-called government. My heart goes out to and is with
the people of Burnt Church. Twenty years ago, as a former resident of NB, I can remember
sitting on the NB side of the Restigouche river and watching the Quebec Provincial
Police commit the same types of crimes on the people of the Restigouche MicMac community.
My friends and I sat and watched in horror as police and fisheries officers beat
native people, chased them into the river with guns and rounded them up like animals.
I couldn't believe in that day and age, something like that could happen but it did.
I remember that day like it was yesterday. I was not proud to be Canadian then and
I am disgusted to be a Canadian now. I fully support the Burnt Church community in
it's call for the resignation of Herb Dhaliwal. I also think they should be calling
for the resignation of his boss Jean Chretien for allowing this to happen. Both these
individuals are showing truly oppressive tendencies and they can say what they want
but they are still committing oppression and must be stopped. I searched for the
email addresses of both these individuals and I think eveybody who supports the Burnt
Church people should write and let them know what you think. Due to the fact that
they no longer listen to the people of this country, they may not even read your
letters but plugging their server will show your support. The addresses are as follows:
Herb Dhaliwal DhaliH@parl.gc.ca and Jean Chretien pm@pm.gc.ca I would like the people
of Burnt Church to know that if I was still living in NB, I would be in your community
doing whatever I could to help you in your fight for freedom. It looks like you're
starting to gain ground so don't give up and don't do anything irrational. From hearing
what people around me are saying, it looks like support is growing strong and fast.
We are with you.
Allen Gilbert <albow@home.com>
Edmonton, ab Canada - Friday, September 01, 2000 at 15:42:09 (EDT)
Dear Brothers I was totally upset by what I saw on the news
the other night, as to what the DFO did to your people.I have been studying what
the Canadian Government has been doing to al the First Nations people of this country
. Please stand up for your rights and be careful how you deal with the government
as they are trying to get all of the First Nations people to sign away all their
God given rights and become slaves of the Canadian Government. Can you not put your
First Nation flag on all your lobster traps and on all your boats and then use admiralty
law to defend your traps and boats as it is on ships when a ship pulls into port
it puts up its flag to notify everyone that comes on board that the laws of the captain
apply to everyone that comes to the ship also can your people not four corner their
land with their First Nations flag as do all foreighn embessays in countrys so that
their law applies in that embasy and for that reason if someone comes to that embasey
they are protected from the laws of the country that the foreighn embasy is lokated
in . If you would like more information on this subject I would be more than willing
to share it with you people so contact me thank you and me spirit is with you in
your struggle for fredom tony
Tony Pohorecki <anton@houseofsas.org>
Langley, BBCDeaBC Canada - Friday, September 01, 2000 at 01:54:54 (EDT)

Steve d'Apollonia <stevedap@accesscable.net>
Canada - Thursday, August 31, 2000 at 10:15:04 (EDT)
During the 1970's and 80's the Canadian government and DFO
looked the other way while foreign fishing fleets cleaned out the cod stocks from
the once highly productive Grand Banks.
If DFO had any courage back then to stand up to the real
environmental threat by foreign over-fishing, as little Iceland did with the British,
the east coast cod fishery would prpbably have never collapsed.
So know it looks like DFO wants to look relevant as the
protector of the environment by picking on a small group of impoverished First Nations
people. DFO thinks it has picked a weak target that will quickly cave to DFO goon
squads.
I guess DFO figures if their thugs are not able to put down
the "insurrection", the Canadian government will be ready to call in the
big guns.
Steve d'Apollonia <stevedap@accesscable.net>
Canada - Thursday, August 31, 2000 at 09:52:05 (EDT)
All I have to say is that the actions of the DFO officers is
un called for. They were risking the lives of the Indian fisherman. Trying to kill
is not reasonable force to stop fishing. Before the white man came the indians could
fish all they want. Now they have rules and regulations on the land that was taken
from them unwillingly. The indians should be able to fish all of the fish they want,
as a small bit of justice for the land that they were forced into giving up to the
white man. The reserves are poor, the fishermen are just trying to put food on the
tables for there family. And for the warriors, try and stay calm we dont need another
oka, it makes our people look bad, and we will get no respect.
Tom <griper@sympatico.ca>
Toronto, Ontario Canada - Wednesday, August 30, 2000 at 23:21:46 (EDT)
To the people of the community of Burnt Church. It is with
very much saddness and horror what the Government is doing to your community. My
wife, Maxine watch in total astonishment at the dictatorial disregard of human life
that was carried out by the DOF, against the people of Burnt Church. This is totally
unacceptable to anyone in Canada. It is not acceptable to us and you have our total
support. We are not of first nation descent but these brutal tactics should strike
fear of the extremes this government will go to trample on our Rights and Freedoms,
ie., APEC. I hope you will consider in your discussions, that all the members of
the Brunt Church community file an application of the violations under the Charter
of Rights and Freedoms that have been committed against you, file one individually,
as a community, as against First Nations people. Even under 'cruel and unusal punishment'
as well as many areas of the Charter can be shown to have been trampled on. As a
Canadian citizen I am appalled that our country could stoop so low. Douglas E Hudson
Douglas E Hudson <hudart@nbnet.nb.ca>
Saint John, NB Canada - Wednesday, August 30, 2000 at 17:04:27 (EDT)
I am writing to express my extreme anger and frustration with
the way the Federal Government is handling this crisis. Over the last few weeks I
have watched with growing concern how the DFO officers have increased their use of
violent 'stormtrooper' tactics in the name of a few large crustaceans. Last night
I watched in horror as a DFO vessel deliberately rammed and sank a native fishing
boat, nearly killing the occupants. As a taxpaying citizen of this country, I must
protest this profound disregard for human life, indeed attempted murder. Why couldn't
the boat simply pull up at slow speed, read rights, and arrest? I was once proud
to be a citizen of this country. Now I feel myself trapped in a police state sinking
into Nazi barbarism. I may as well go live in the states. They at least have lower
taxes and higher pay. Gavin Joth, Computer Consulting Professional.
Gavin Joth <ul550@freenet.victoria.bc.ca>
Victoria, BC Canada - Wednesday, August 30, 2000 at 16:01:25 (EDT)
Hi, I want to post a copy of a letter I wrote to various newspapers
including the Globe and Mail. Here it is: During a recent trip to my hometown of
Miramichi New Brunswick I decided to visit the Burnt Church reserve to witness first-hand
their struggle with DFO. Any other year I would have opted for Escuminac, a fishing
village on the opposite side of the bay, to enjoy their fine beach and discuss with
relatives the obscene opulence of a mansion overlooking the beach, home to the owner
of the local lobster processing plant. The entire area is obviously well-off financially
with beautiful homes, prominent wharves and and impressive fishing fleet, maintained
in part by hefty employment insurance checks during the off-season. By contrast the
most impressive thing about Burnt Church is its view of Miramichi Bay. Driving through
the reserve on August 21 I saw one small wharf, very modest housing and a prominent
sign reading "drive slowly, we love our children". I also saw the remnants
of what had been blockade on the highway but what spoke to me the loudest was the
native woman who stopped to help when I parked my car near the reserve and lost my
keys. Despite the illusion that the native fishermen are the perpetrators in this
dispute, by visiting both sides of Miramichi Bay one can clearly see who's a threat
to whom. It's obvious the non-native fishermen enjoy the lion's share of the industry
and the Burnt Church fishery is about as threatening to them as a mouse to a cat.
How much lobster would have to be caught to maintain the Escuminac mansion alone,
compared with that needed for the 'moderate livelihood' currently being denie the
native fishermen as they struggle to get by? How much pressure on DFO to crack down
on Burnt Church is coming from across the bay? The truth is that Burnt Church is
being used as a scapegoat and the real issue is not fishing rights but racial intolerance
in people who are misusing the media to camouflage their own arrogance, greed and
hatred. If the non-native fishermen aren't satisfied with their fishery their problem
is not with Burnt Church but those people who make so much profit from the industry
they can live like royalty in a castle. While the children of Burnt Church bear the
brunt of this injustice, their parents have no choice but to fight against overwhelming
odds on their behalf, and everything to lose if they don't. They desperately need
compassion and support, not our indifference. Maxine Dickie, Maitland Nova Scotia
Maxine Dickie <WindSpirit@ns.sympatico.ca>
Maitland, NS Canada - Wednesday, August 30, 2000 at 12:40:50 (EDT)
Hello, I am really happy to see there is a website up explaining
what's happening in that community. While a lot of people may take another, more
conservative approach and say that perhaps the natives should give in to demands
in order to negotiate, I myself think that it should not be necessary. The Supreme
Court decision almost a year ago, does not state that the fisheries ministry has
the explicit right to dictate how the new fishing rights are to be determined. I
think it is not uncommon for this type of confrontation to happen, even in this day
and age. Sadly, I think if things do not get resolved one way or the other, someone
is going to get killed. Even more sadly, if the victim is native, nothing will be
done. We are living in a dangerous time, things happen and things are said about
natives that make me not want to be a part of this country any longer. However, it
is my resolve that no matter what it takes or how long, our inherent rights will
be recognized, if not in my generation perhaps in my childrens. Thanks very much.
Gish Moore <gishgokwe@home.com>
Nepean, ON Canada - Wednesday, August 30, 2000 at 11:01:02 (EDT)
I wrote this letter to the DFO minister today, but couldn't
find anywhere to "cc" it to except my own MP, who is Libby Davies. So here
is the letter -- I just want people back there to know that not all white people
support what Ottawa is doing. Thanks, Colleen Fuller Here's the letter Dear Minister,
Ü I am writing to demand that the Government of Canada's response to the native fishers
in Burnt Church change from the current overkill to something more civil. I also
want to say that the tactics being used to stop these people from exercising what
in their view is a right doesn't represent me, and I reject that this is being done
in my name. Ü It seems to me that the federal government has completely changed how
it resonds to people who are protesting against what that same government is doing.
When the young people were protesting against Canada's open armed welcome of brutal
dictators like Suharto at APEC, the RCMP were ordered by the Prime Minister's office
to use unnecessary force against them. This now seems to be the policy of Canada
-- to use pepper spray and batons against people expressing their views or fighting
for their rights Ü It's not as if the MikMaq people are doing some outrageous act.
It looks to me that they are fishing in part to demonstrate that they have this right.
How can your government respond to them as if they were just mindless thugs? On the
CBC tonight there was a represent from Ottawa describing how much the government
wants to "work with" the MikMaq. But actions speak louder than words, and
from the West Coast it looks like you want to beat them all up. Ü It's outrageous,
and I really feel strongly that Ottawa has to stop responding in this manner to Canadians
and to First Nations people. Ü Colleen Fuller 2576 Pandora Street Vancouver, BC V5K
1V8Ü
Colleen Fuller` <cfuller@telus.net>
Vancouver, BC Canada - Tuesday, August 29, 2000 at 22:04:53 (EDT)
I wrote this letter to the DFO minister today, but couldn't
find anywhere to "cc" it to except my own MP, who is Libby Davies. So here
is the letter -- I just want people back there to know that not all white people
support what Ottawa is doing. Thanks, Colleen Fuller Here's the letter
Colleen Fuller` <cfuller@telus.net>
Vancouver, BC Canada - Tuesday, August 29, 2000 at 22:04:14 (EDT)
It's obvious that DFO is on the side of non-native fishermen
in this dispute and are even willing to put Mi'kmaq lives at risk to win the fight.
Judging from their recent strong-arm tactics during which a couple of native boats
were sunk, I think DFO is getting desperate and are afraid of triggering another
Oka. That would be a huge public relations disaster for DFO. I hope the following
letter I wrote to a Halifax newspaper sways a few hearts and mind: PS. That Dahwliwal
jerk deserves a pie in the face! Letter to editor: The Daily News, Aug 29 DFO's goal
is Control To the editor: Re: Government's Fishery Line Hooks Media in the Aug. 27
Daily News. DFO wants everyone to believe that the lobster dispute with the Mi'kmaq
Burnt Church band is all about conservation - and who knows more about conservation
than DFO? In fact, what this really seems to be about is control over who is allowed
to make a reasonable living from the lobster fishery in Miramichi Bay. Anyone who
has any doubts about the answer to this should be reminded that non-native fisherman
can legally set 216,000 lobster traps in Miramichi Bay with DFO's permission, versus
the 6,000 traps the Mi'kmaq have been trying to set without DFO's permission. What
the Mi'kmaq of Burnt Church seem to be trying to do is alter just a little bit the
status quo of government-sponsored welfare and their 90-per-cent unemployment rate.
Steve d'Apollonia Dartmouth
Steve d'Apollonia <stevedap@accesscable.net>
Dartmouth, NS Canada - Tuesday, August 29, 2000 at 19:16:34 (EDT)
Beautiful work that the web master has been done now I want
to find out how it work so will do what ever to do to find out : By the way i just
came back from Burnt Church Yes visit our brother up at the front line what is in
the news surely dont project the real issue of the matter and slowly will take time
to bring some light on the issue I am certain that there is some intellectual and
wise and inform people in there who will bring there comment with out being worry
to be cast out the reserve or beat up what ever is the shortest way to have unanimous
vote of confidence you know what I mean so stay the will check the system and will
be back with some more .bye for now ,I will like the mail to be able to read as a
letter head??
gprince <gmanager@simplcom.ca>
Dorval, Canada - Monday, August 21, 2000 at 17:21:30 (EDT)
Maritime Fishermen's Union Presentation to the Parliamentary Standing Committee on
Fisheries & Oceans Moncton, New Brunswick November 25, 1999 Introduction First,
let me express my thanks to the Fisheries Committee for the opportunity to go on
the record regarding the historic Marshall decision and its implications for our
members, their families and their communities. I also wish to commend the Committee
for recognizing the importance of coming to Atlantic Canada to meet with fishermen,
their organizations and Native communities to discuss the Supreme Court's decision.
The Maritime Fishermen's Union represents approximately 2,000 Bonafide type fishing
operations in the Gulf of St. Lawrence and Scotia Fundy regions.
Our fishermen have vessels less than 45 feet in length and most of them hold class
A lobster licenses. Our membership in the lobster zones of Eastern New Brunswick
(LFA 23 and 25) is particularly strong because the Maritime Fishermen's Union has
been duly recognized under the New Brunswick Inshore Fisheries Representation Act
as the representative of 1350 bonafide fishermen in Eastern N.B. and fishermen pay
mandatory dues. Despite our high identification with the Acadians of New Brunswick,
the Maritime Fishermen's Union also has three active Locals in Nova Scotia and individual
members in Prince Edward Island. We have longstanding Locals in the Sydney Bight
area of Cape Breton (LFA 27), the Bay of Fundy waters of Southwest Nova Scotia (part
of LFA 34 and 35), and along the North shore of the Province(Pictou/Antigonish).
There has been no comparable fishermen's organization act in Nova Scotia by which
we can seek certification and mandatory dues. In total there are six thousand fishermen
on the boats we represent. While lobster is the principal species for our members,
we rely on several other species to make a fishing year. An organization like the
MFU never has enough resources to capture in a professional document all of the experience
and knowledge of our members with respect to the fishery but we need to stress right
at the start a few important features of our experience in lobster in particular
: First, there exists a broad basic consensus among Canadian lobster fishermen that
should not be overshadowed by inevitable differences and conflict.
The consensus is not always explicit but it derives, we believe, from the professionalization
of the fishery over the past 20 years and a general egalitarianism in the lobster
fishing areas. While there are some exceptional areas and circumstances, fishermen
tend to have similar opportunities and results within lobster fishing areas of the
Maritime Provinces. For the most part, the regulatory regime in the lobster fishery
is widely supported by fishermen; this is both a result and a cause of the egalitarianism
and is what we mean by consensus. Maritime Fishermen's Union and Native Bands We
want to make special note that the MFU has Locals of the Union in every fishing area
of the Maritimes where you find significant populations of coastal M'ikmaq Bands
: The Bay of Chaleurs : you find two Bands on the Quebec Gaspe Coast and two on New
Brunswick.
The total populations of these bands is approximately 2,269 (Eel River - 534, Papineau
- 205, Gaspe - 467, Gesgapegiag - 1063). The Miramichi Bay : the immediately adjacent
Band is Burnt Church whose registered Indian population is close to 1304. Richibuctou
estuary /Northumberland Strait off Richibouctou : is based New Brunswick's largest
reserve, Big Cove, with a registered Indian population of approximately 2348 as well
as Indian Island 145 and Buctouche Reserve 88. In Nova Scotia, still in Northumberland
Strait , Pictou/Antigonish : our Local 4 has operated since 1978 and there are two
Bands, Pictou Landing and Afton, with a registered Indian population respectively
of 493 and 455. The Sydney Bight in Cape Breton : is home to our Local 6. None of
the Bands, save Membertou (pop. 922), are actually adjacent to the Bight but along
the inland waters of the Bras D'Or lakes you find Eskasoni, the largest Band with
an estimated 3300 registered Indians, Whycocomagh, Chapel Island and Wagmatcook with
respective registered Indian population of 698, 513, & 598.
These bands are not coastal in the sense of our oceans fisheries but have access
to the Bight through Big Bras D'Or Channel. Saint Mary's Bay / Bay of Fundy is the
fishery area for our Local 9 members in Meteghan / Digby Neck : Adjacent to the area
are found the Acadia and Bear River Bands with respective registered Indian populations
of approximately 890 & 255. We should note that the second and third largest
Bands in Nova Scotia are Shubenacadie (Indian Brook) and Truro, both of these are
inland. Malpeque Bay : is one exception where we have no presently operating Local.
The Lennox Island reserve is home to approximately 677 registered Indians . Context
Prior to Marshall It is natural then that our members would have a long history of
association with M'ikmaq peoples. Equally, it was not surprising that the MFU would
have been front and center of the controversies since the Marshall decision of September
17. Despite our history of relations with the M'ikmaq, we found it more than a a
little curious that the public relations firm that was apparently acting on behalf
of the Atlantic Chiefs, William Alexander & Associates Ltd. never has made an
effort to meet with the MFU Maritime Executive, although it did include MFU Locals
in Nova Scotia in their meetings with a whole host of fisheries organizations in
Nova Scotia. Although there are not many M'ikmaq commercial fishermen, there have
nonetheless been individuals who have been members of the MFU.
However, it was the Sparrow decision in 1990 that brought us into more formal contact
with the Bands. It is safe to say that we had given very little attention to Sparrow
until the BC Fishermen's Survival Coalition began making contacts in the Maritimes,
especially with a populist group in Yarmouth and Antigonish calling themselves the
Inshore Fishermen's Bonafide Fund. You may recall that the fishing population of
Southwest Nova Scotia had been going through a series of upheavals, especially since
1989 when the system of Individual Transferable Quotas was introduced to the specialist
mobile groundfish sector.
Without getting into the period and its sociology, we can say that in Shelburne and
Yarmouth counties there was great disaffection with the Fisheries Management Regimes
and the West Coast Survival Coalition fed anxieties, that inshore fishermen had,
that they were being eliminated from the fishery. In actual fact there is very little
native population in that region and reactions to the fallout from Sparrow seemed
to be way out of proportion to any factual threat to inshore fishermen, save for
one essential point : the unwillingness or inability of the DFO in the region to
bring definition to the Sparrow decision, to accommodate the right to fish for food,
social and ceremonial purposes within a fishing plan that was measurable and enforceable.
To our knowledge, there was no effective steps taken in the area around this food
fishing right to abate the fears of the unknown and undefined that developed. The
MFU throughout this period of the early 1990s made every effort to keep the food
fishery in perspective and to avoid inflaming fishermen's fears. Nevertheless, we
were running into some real problems in the Burnt Church and Big Cove areas in particular,
where fishing for food was developing into a significant out of season Native commercial
fishery.
In one instance, we had Ottawa people from the MaryAntonette Flumien Shop come to
New Brunswick with little or no consultation with DFO in Moncton making a deal with
Burnt Church Reserve which by DFO's own admission led to some 750,000 lbs of lobster
being fished in one out of season period, all under the rubric of a food fishery.
For seven straight years now we have had an exhausting yearly struggle with DFO officials
to bring this food fishery under some reasonable and identifiable controls and limits.
Our fishing families have witnessed Native individuals patrolling a public beach
armed with rifles. There have been reports of armed warriors from Montreal in other
areas.
We had three very tense summers in a row off of Big Cove in the Richibuctou area
where Native persons fished during the closed July season. There have been some isolated
but very tense individual situations in the Bay of Chaleur. The fact is there has
been a disguised out of season commercial lobster fishery by Natives in Eastern New
Brunswick for the past seven years and it has had a direct and real impact on our
commercial fishermen, who among other things have been displaced on the inside grounds.
Especially in the early years, enforcement was sporadic and often non-existent; not
only were significant numbers of lobster being caught, they sometimes included undersized
and berried females. We believe the total impact on our lobster fishery if you take
into account all of the different forms of out of season lobster fishing would amount
to as much as 10% of our commercial landings in Eastern New Brunswick. This impact
has never been acknowledged in a formal way, but you can appreciate that our members
might be just a little out of sorts to have had to absorb this kind of impact while
the Fisheries Managers actually proceeded to implement a five year deal with a handful
of snow crab license holders that excluded sharing of snow crab allocations (a resource
that is in our inshore waters), unless the license holders landed $500,000 worth
of snow crab per license, per year. This same co-management deal also excluded aboriginals
by using this same $500,000 threshold formula. But we would be remiss not to acknowledge
efforts of DFO Managers in Moncton to bring some kind of rational order to the food
fishery.
They agreed with us that the best way to contain the food fishery was to bring the
Native peoples into the commercial fishery. This was done to some extent by the negotiation
of communal fishing licenses from Band to Band. Part of the approach was to buy up
licenses from retiring commercial fishermen and to allocate them to the Bands in
exchange for agreement on the reduction of the food fishery. In Burnt Church, for
example, we had finally reached a point in 1999 where the food fishery had been limited
to 125,000 lbs, fished by 585 traps, and was generally enforced. Ironically, this
particular food fishery had wrapped up only days before the Marshall decision. No
fisherman is happy with any lobster food fishery that is done outside the normal
season and we'll come back to this. Still, we acknowledge that after seven years
the food fishery was finally getting definition, limits, and enforcement. All fishermen,
whether in Yarmouth or Neguac, have been enormously frustrated by the way Sparrow
was handled. Sparrow gave the right to fish for food as an inherent right that had
priority over commercial fishermen but was second to conservation. But, DFO and its
lawyers could never bring themselves to see closed seasons on lobster as a conservation
measure.
This has been and continues to be a source of great consternation to our members.
We have found that there is no abstract or even legal solution to the issues. Our
fishermen cannot, and rightly so, tolerate a situation where all of a sudden a food
fishery right becomes a kind of black hole where no regulation is imposed on Native
lobster fishing and where in some instances the Native rights are used as a screen
for elaborate white dominated poaching rings. We have sought limits and definitions
and enforcement of the food fishery combined with improved entry opportunities for
Native peoples into the Commercial fishery. This appears to have worked well for
the Pictou Landing area where there was already a tradition of M'ikmaq fishermen
fishing in the Commercial lobster fishery. We were also very optimistic that we were
working out practical solutions with the Big Cove, Indian Island reserves on the
Richibutou, and Burnt Church on the Miramichi. In 1994, some Native people from Big
Cove began fishing for lobsters in June (the commercial season begins in August).
Our fishermen were extremely angered, especially since the reserve had benefitted
from the purchase with Government funds of six commercial licenses to be fished under
commercial rules. DFO moved to stop the Native fishing even for food and ceremonial
purposes by closing the fishery in July for conservation reasons. Big Cove fishermen
continued fishing, arguing that there was no conservation reason for closing, including
by reason of it being molting season. They maintained that molting in LFA 25 also
takes place in August when the commercial fishery is prosecuted. We believe this
question of conservation was one of the reasons Minister Tobin referred lobster to
the FRCC. In any case, even though progress was made, make no mistake, we believe
very strongly that the food fishery should not be fished in July or any other time
out of season. Most of our fishermen were open to a limited idea of a food fishery
but when it became integrated with assertion of the right to sell commercially and
when it was prosecuted by some natives for private gain and by white and native poachers
for profit, and when the Government found no mechanisms of enforcement, our fishermen
lost a lot of their initial openness.
Lobster Fishery Understanding the lobster fishery is central to understanding the
events following the Marshall decision and is essential to any long term fishing
agreement. We are not confident that senior DFO officials in Ottawa even understand
the lobster fishery. Lobster management has evolved over a long period of time mainly
by trial and error and interaction between DFO as the regulator and enforcer and
the commercial fishermen. Since the 1970s poaching has been dramatically reduced.
Bringing it under control caused much stress and hardship in communities and even
divided families. But, what we have done over 25 years is build up a lobster management
regime that is widely supported by the fishermen license holders. There are a whole
body of restrictions that amount to a lobster management plan; they include zoning
- 41 different lobster zones , restricted seasons, trap limits, a freeze on the number
of licenses, trap specifications including escape mechanisms, minimum legal size,
prohibition on retention of berried females and so on. In effect, DFO has built up
a kind of social contract with lobster fishermen that has clearly been sustainable;
landings have remained higher than the average for the 20th century for at least
the past 15 years.
The resource itself is widely distributed in the inshore waters of the Maritimes
and is very localized tending to stay within a 25 km range of its habitat. Just as
a contrast, the herring, mackerel, cod, tuna are only in the Southern Gulf of St.
Lawrence part of the year. Lobster stays at home all year. The wide dispersion of
lobster is reflected in the large number of inshore fishing communities that characterize
the Maritime Provinces. There are 8,000 lobster operations and 25,000 fishermen who
depend on it. No scientist is able to tell us precisely how much of the adult lobster
is taken every year but all the estimates are over 70%. It is clearly a fully utilized
species. Yet, we recently had a DFO official in Ottawa tell us that because lobster
is not on quota it somehow becomes more difficult to restrain out of season lobster
fishing by Natives. This is the kind of conservation obscurity that DFO has been
in since Sparrow. When Mr. Tobin was Minister of Fisheries in 1984, he asked the
FRCC to provide him with a definition of conservation. The best FRCC could do was
state : All removals from a resource are important and must be properly monitored
and controlled. Consequently, the Council believes that all fisheries should take
place within the same conservation framework. (FRCC 1995) Still, DFO cannot bring
itself to conclude that seasons are conservation measures even though lobstermen
everywhere in Canada see them as integral to sustainability. In the real world, however,
fishing out of season is a fundamental threat to conservation because every fishermen
will demand equal treatment to fish at anytime in the year.
We believe that the elimination of seasons would eventually break down the whole
Canadian lobster management system and we would be left with the U.S. model that
will probably preserve the species - but not conserve it at the level that the Canadian
system has been able to under similar ecological conditions. Marshall Decision The
decision of the Supreme Court of November 17 denying the application of the West
Nova Fishermen's Coalition for a rehearing and stay was no surprise. What is a little
surprising is the reaction of some of the media and apparently Native leaders suggesting
that somehow the Supreme Court had altered its decision of September 17. Whatever
the MFU thinks about the basis of the September decision (even the Judges were divided
on that) we always read it as a recognition of a Treaty Right of M'ikmaq to fish
and trade, but a right that was subject to limits and that could be regulated.
We had a difficult time finding anything substantively new with respect to fish in
the November clarification that was not already in the September decision. In other
words, we always believed the Government of Canada had the powers to limit and indeed
infringe upon a right, subject to the Badger test. Furthermore, the Judges made it
explicit in September that the treaty right could be accommodated within a regulatory
system and catch limits could reasonably be imposed. We have really only had one
quarrel with the Supreme Court; we believe they should have provided for an implementation
period even if the Crown had not explicitly requested one. We have been put through
a great deal of grief since September 17 and in our judgement it was not necessary.
In fact, the clarifications of November 17 only serve to underscore what our legal
advisor was counseling from the outset : the Government has the powers to accommodate
the Treaty Rights in an orderly fashion and we are holding them responsible for the
resulting deterioration of the situation in the Miramichi Bay.
The Ottawa senior officials looked like Medieval Scholastics trying to determine
how many angels were on the head of a pin' while the situation in the Miramichi was
building towards explosion. Whoever was calling the shots' in Ottawa was either woefully
ignorant of the nature of the lobster fishery and the history of Sparrow or was cynically
Machiavellian and was willing to use a Native/commercial fishermen confrontation
as a small price to pay for some larger political objective. We are left with communities
that are torn apart, where tension remains high, where commercial fishermen's attitudes
have hardened, where Native people feel aggressed, and where no one looks good. We
should equally recognize the high pressure position that many Band leaders have been
in as a result of native peoples' desire to exercise their rights.
The fact is that the Burnt Church Band along with many other Bands had no trouble
interpreting the Supreme Court decision as an endorsement of a right to fish when,
where and how they wished, subject to conservation. Traps were already going in the
water on September 18. A week later there were as many as 6,000 traps in the Miramichi
Bay (Mr. Alex Dedham of the Burnt Church Reserve uses the number 5,000). This is
the equivalent of 20 full scale commercial operations and represents 10% of the number
of operations during the legal season. But fishermen have always said that fishing
in the closed season at the mouth of the Miramichi is 10 times more effective than
during the commercial season not only because there are less fishermen but also because
the lobster at this time of year is in a feeding frenzy' having gone through its
molting period and preparing for the long winter hibernation. Longtime, experienced
lobster fishermen in the area tell us that where a trap might successfully average
a pound a day in the legal season, the same traps were catching as high as 10 and
20 lbs a day in late September. We must remember that two weeks prior to the Marshall
decision, the Burnt Church Reserve had just finished three weeks of a food fishery
with 585 traps catching a total of 125,000 lbs. Everything leads us to believe that
the 5,000 to 6,000 traps fishing in the Bay since the Marshall decision had similar
catch rates as in the food fishery. This means that another 600,000 to 800,000 lbs
were caught in that area of the closed zone 23 since September 17. Therefore, since
the end of the commercial season, there has been between 700,000 and 900,000 lbs
of lobster taken out of the water (including the food fishery).
The direct impact on next year's catch is not difficult to estimate since almost
no growth is anticipated during the winter period. Using the same calculation, the
impact on fishermen in that area would be between 3,500 and 4,500 lbs in lost catch.
This represents an important share of the catch for any fishermen on the East coast
of New Brunswick. The Miramichi area has 193 licensed commercial lobster fishermen
using 325 traps. The fishermen are based in the communities of Baie-Ste-Anne, Pointe-Sapin,
Neguac and Tabusintac. Their fishery opens May 1 and is finished by June 30. They
have every reason to believe that the adult lobster in the Miramichi in October is
exactly the same adults that will be there in May, save for a few who die from predation
and other natural factors. So, if 700,000 lobsters are landed by the Natives, it
is 700,000 not available in May. We should note that our figures are at odds with
those of DFO but after a meeting in Baie-Ste-Anne where fishermen strongly opposed
the DFO estimate they have begun a review. If our figures approximate the catch then
they represent a potential loss of income per license holder of $20,000. One is asking
a lot, indeed, to have those fishermen stand idly by as their next year's catch is
being taken in front of their eyes. The Supreme Court is a distant institution; Donald
Marshall was unknown to our fishermen, and seven years of Sparrow were in their system.
The DFO apparatus was largely invisible and in paralysis during the build up period.
In fact, the Regional DFO's hands had been tied. There was some monitoring by two
small crafts at sea but no monitoring at the wharf. In the meantime, around September
22 our fishermen were reporting that Native vessels from Big Cove and Indian Island
had moved their gear into the Miramichi. These 10 native vessels had been fishing
in Northumberland Strait where the Lobster Area 25 was open to commercial fishing
and where the Natives had been allocated commercial licenses in return for the restrictions
on the food fishery. The season in Area 25 was winding down ; catches in the Big
Cove / Richibuctou area had been reasonable and the Native fishermen authorized to
fish can reasonably be assumed to have earned a moderate livelihood. Nevertheless,
they moved into the Miramichi where catch rates were 10 times better ; they moved
in with impunity. In fairness to Burnt Church people, we should note that their vessels
who had commercial licenses were not operating in this closed season fishery. It
was the effort coming from Big Cove / Indian Island that created the fatal mix. Fishermen
saw no movement from the Minister, from the Senior Officials, or from the Local politicians
; they felt abandoned to their own defense or lose their next year's fishery. To
this day, most fishermen who proceeded to disable three to four thousand traps in
the Miramichi area will say they did the Government's job. From the point of view
of the MFU we will not shoulder responsibility for the Sunday morning actions. Fishermen
were driven to it and Government had all kinds of advance warning of this inevitable
outcome.
To this point, we have largely dealt on the past and we should come to future considerations.
But first, one comment on the politics of the fishery. The fishing community of Southwest
Nova Scotia has been very public and variously militant throughout the 1990s; it
is an area with the highest concentration of fishermen and a wonderfully blessed
natural marine resource from offshore scallop to fast growing haddock to the largest
and most productive lobster fishery. The area carries a lot of weight in the fishery
of the Maritimes and particularly in Halifax. Their issues are often generalized
to apply to the whole region but they are normally different for reasons of ecology
and sociology, and proximity to the U.S. live market trade. Their public manifestations
can usually be characterized as populist where many discontents are usually merged
into the one most visible issue. The fishermen do not adhere to one organization,
although a majority supported the MFU in the middle of the 1980s. Our present MFU
local is based north of Yarmouth in St. Mary's Bay. They collaborate closely with
the Bay of Fundy Fishermen's Association. Throughout the events following Marshall
we remained in touch with our members there. Actually, their largest concern was
the food fishery that was being prosecuted by off-reserve Native groups, and their
situation actually improved after Marshall because the beneficiaries of Marshall
were defined as status M'ikmaq / Maliseet and Passamaquody First Nation.
Those still food fishing were quickly cleared out by DFO. The approach of our members
in that area was to commence discussions with Native leaders and to indicate their
rights would be accommodated. Our leadership in the area did not encourage the spontaneous
protest in Yarmouth and felt they could resolve the small amount of out of season
fishing in a fair manner. The five hundred vessels in Yarmouth harbour seemed a little
out of proportion to the immediate threat but it is consistent with expression of
a strong fisheries populism that has prevailed throughout the 1990s in the area.
The populism is fueled by a sense that Government is out to eliminate fishermen,
and a strong sense of alienation and disenfranchisement, even though many fishermen
continue to enjoy levels of gross income much higher than the Maritime average. The
populist approach is unpredictable because of its spontaneity and tendency to mix
issues ; in contrast our MFU Local members and the Bay of Fundy Fishermen's Association
have experience working in a structured organization and with good local leadership.
We cannot get into the subtle ways the populist train has affected our MFU work on
the Marshall decision but you may recall that a large gathering in Yarmouth issued
ultimatums of trap cutting prior to any such action was contemplated in the Miramichi.
The M'ikmaq themselves tended to focus on Nova Scotia where there was actually very
little out of season fishing ; there was less attention on New Brunswick where Native
leadership support was desperately needed. Also, in Nova Scotia buyer / processor
interests quickly merge into the populist movement and the issues get defined in
a different way.
We had the curious specter of the newly appointed Federal Negotiator rushing down
to Southwest Nova Scotia in the heat of the protest as if he had been hired as a
fisheries trouble shooter rather than a Federal Representative to work out an agreement
to accommodate the new Treaty Rights. We had the Halifax based DFO Communications
Officer attempting to downplay the Native fishing by saying it represented less than
1% of the lobster fishery ; this response may have had some aspect of truth in Southwest
Nova but none in the Miramichi. At times, we had the Minister himself telling us
things that had no applicability in the Gulf of St. Lawrence. There were many honest
concerns and fears in the Yarmouth area especially since there was no reassurances
coming from Ottawa as to how Marshall was going to be accommodated, and so our interest
is not to blame fishermen who over-reacted but only to highlight how populist reaction
can take away from a real situation that needed attention. In any case, we have carefully
considered the Alliance group that has formed in part of Nova Scotia and have decided
along with our Nova Scotia locals to take a different approach to working towards
acceptable solutions to the accommodation of Marshall. Accommodation of Marshall
To date we have had only one preliminary meeting with the Chief Federal Representative,
James McKenzie, and Assistant Gilles Theriault. We are satisfied with the initial
process that they have outlined and have confidence in their competencies. However,
it would be naive of anyone to believe there will be easy outcomes given the complexities
and inherent problems in the fishery itself let alone the high expectations among
Native peoples with respect to their newly won Treaty Rights. Nevertheless, it is
essential that the Government achieve an interim fisheries agreement for the year
2000 that allows for the orderly exercise of the Treaty Right within the context
of a regulated commercial fishery. The Supreme Court has made it amply clear in its
two decisions of September 17 and November 17 that the Treaty Rights are communal
in nature even if exercised by individuals.
This is clearly the approach DFO is taking and, to our knowledge, had been taking
in accommodating the food fishery right. The Court is also clear that they have not
written a blank cheque, that it is a right to fish for a moderate livelihood, that
the acquittal cannot be generalized to a declaration that licensing restrictions
or closed seasons can never be imposed as part of the government's regulation of
the M'ikmaq limited commercial right to fish. They have also spelled out what is
meant in Badger that the regulatory authority extends to other compelling and substantial
public objectives like recognition of the historical reliance upon, and participation
in, the fishery by non-aboriginal groups. So, the interpretive framework is there
to allow for the development of interim and longer term fisheries agreements that
accommodate the Treaty Rights. We know the Crown has a fiduciary responsibility to
First Nation peoples but we also must stress that the Minister of Fisheries and Oceans
has clear obligations towards our inshore fishermen. Fishermen have every right to
view their own relations with DFO through the licensing regime and the management
plans as a collective agreement, an unstated covenant. The Outline of a Plan : A
Society Responsibility The first principle guiding any accommodation of the Native
Treaty Right should be that Canadian society as a whole should bear the cost of the
accommodation not the fishery alone. Inevitably, this can only be done through a
substantial financial allocation that provides for : an extensive voluntary buy-back
or buy-out program, compensation to Native Bands where exercise of rights have been
delayed, economic development funds for the Bands, appropriate capacity building
both in terms of fishing and co-management.
The Bonafide approach The inshore fishery is based on the owner/operator principle.
That is to say, the person to which a license is issued must be the one using the
license. Fishing belongs to fishermen. The present core license is derivative of
the successful bonafide licensing system in the Southern Gulf of St. Lawrence. This
system froze the number of owner/operator fishermen back in 1982. To enter the fishery
you had to replace a bonafide. The system was also based on a multi-species strategy
where the individual fisherman holds licenses in several fisheries in order to make
a fishing year. Only Bonafide Fishermen are eligible for license transfers within
this system. To use the language of the Supreme Court Judges, the Bonafide system
is designed to provide for a moderate livelihood for individual fishermen/women and
their families. The point has fundamental implications for the development of a plan
to accommodate native treaty rights in the commercial fishery.
The objective of such a plan would be the integration of native people as bonafide
fishermen enjoying the benefits of a moderate livelihood and subject to the same
conditions as other bonafides or their equivalents in the interests of conservation
and other proper objectives related to the management of the fishery. We are convinced
that over time this plan will best reflect the modern reality of the original treaty
rights of the M'kmaq peoples. It will require the Federal government to buy-back
the licenses of fishermen voluntarily leaving the fishery and the reassignment of
the licenses to the appropriate native communities. In the implementation of such
an approach both the Government and the fishing industry can assist the aspiring
native fishermen to master tasks of the professional fisherman and the Government
can compensate native fishermen while they await allocation of a license from the
Band.
This kind of planned approach to implementing native treaty rights will ensure access
by natives to a moderate livelihood from the fishery , respect for the existing participants,
and orderly management of the fishery. Local Impact We believe one of the objectives
of Native communities is to develop a significant complement of skilled and dedicated
fishermen who can earn a living fishing. In reality such individuals will tend to
come from Bands adjacent to the marine resources, although there will certainly be
individuals from inland reserves who will want the opportunity to fish for a living.
But, the strongest demand to go fishing for a living will come from the coastal bands.
Inevitably, most new Native entrants will want to fish inshore and adjacent to their
communities.
This means that the exercise of Treaty Rights will have local impacts; so the impacts
on the commercial fishery will inevitably be uneven. For example, if you exclude
the M'ikmaq that live on the inland Bras D'Or lakes who are a special case, there
are really only some 2,400 M'ikmaq families living in coastal areas of the Maritimes
where there is significant commercial fishing. Approximately, fifty percent of these
families are found in the two communities of Big Cove and Burnt Church alone. It
is little wonder that our fishermen in New Brunswick are so anxious to see a settlement.
It is the inshore fishermen that have had seven years of the Sparrow impact and it
is inshore fishermen in specific locales that will experience the largest impact
from Marshall.
The reality is that the emerging Native fleet will be concentrated in the Richibuctou
area and Miramichi Bay and then, to a lesser extent off Pictou, Lennox Island and
the Bay of Chaleur, and to a lesser extent still in Southwest Nova Scotia. The sheer
numbers of M'ikmaq in the Bras D'Or lakes ensure there will be significant impacts
on Sydney Bight inshore fishermen, although in terms of percentages of the Native
population their participation will be low. We believe that some of the local impact
can be accommodated by an enlightened buy-back or buy-out program that keeps the
number of fishing enterprises stable in the local fishing area. But, in the areas
with large coastal native populations, we will see an impact beyond the individual
license holder to the community, the crew members and in some instances the plant
workers. In such areas we believe that the local impact must also be mitigated by
providing for more opportunities in the inshore fishery. In Eastern New Brunswick
we know at least three significant ways of expanding : re-adjustment of future cod
quotas toward the inshore, allocation of the snow crab on inshore grounds to the
inshore (who are presently excluded) and enhancement of the scallop resource that
we have already commenced. Local impacts will also be mitigated by providing for
multi-year entry plans.
If Native peoples are being asked to stagger their entry in some areas over time,
they will have to have interim compensation or provision of other opportunities.
No New Effort The newly won Treaty rights are a complicating factor in the East Coast
fishery that is already an extremely complicated system of privilege and allocation.
For example, the system of limited entry licensing has resulted in some gross inequalities.
We have situations where fishermen have become millionaires with little or no personal
investment; we have other situations where young fishermen are paying enormous entry
costs and carrying unbearable debt burdens. We have other situations where profits
from fishing are accruing back to companies and individuals who don't do the fishing.
So, we cannot assert too many generalizations that apply across the board. However,
it is clear for example that some fisheries like most lobster fishing areas are fully
subscribed to, and are yielding on average only a moderate livelihood per license
holder. In such fisheries we must proceed from the principle of no new effort as
we accommodate the Native Treaty right. We would be duplicit however, if we claimed
the snow crab fishery could not accommodate more fishermen since we have claimed
for some years that there should be an inshore zone off Eastern New Brunswick and
Quebec and the resource off Cape Breton is grossly under-allocated.
Similarly, by all accounts there is considerable room for sharing offshore scallop
and northern shrimp without impacting on anyone's moderate livelihood. We should
add that whether or not there were M'ikmaq treaty rights to be accommodated, we have
always held the position that the concept of a moderate livelihood should be used
to guide overall DFO allocation policy ; it should be a normal outcome of licensing
and allocation systems. Closed Seasons Native fishing in closed seasons has been
the source of most of the conflict this fall and has also been a source of much tensions
since the Sparrow decision recognized an aboriginal right to fish for food and ceremonial
purposes. It is imperative that closed seasons in fisheries like lobster be viewed
as integral to management plans that have been worked out between fishermen and the
DFO authority over a long period of time, and which in essence constitute a social
contract. Marshall is generally viewed as an advance on the Sparrow decision and
we believe that the food fishery should really disappear or be stringently negotiated
into the interim fishing agreements so that what marginal amounts of true food fishing
are retained are done in season and on the principle that lobster alone ought not
to carry the food fishing load.
Scope of Agreements Interim fishing agreements will have to explicitly show how rights
are to be accommodated in every fishery. Naturally, this will require extensive consultation
with all Bands but especially coastal Bands who will know where their specific fishing
interests are : for example, rock crab may interest one Band more than another which
might have a special interest in herring and so on. The objective should be to cover
off fisheries in a way that there are no surprises for a few fishermen in a given
fishery, however obscure. The Fisheries Authority The ultimate authority for the
regulation and enforcement of the fishery is the Government of Canada through the
Minister of Fisheries and Oceans.
This may seem self-evident but given various ideas bandied with respect to self-government
it is important to emphasize that any cooperative management agreements that are
reached are still subject to the ultimate authority. It follows from the above that
an individual that fishes under a communal fishing right should be subject to a set
of conditions that are similar to those applicable to the commercial fishermen; for
example, the lobster is not only limited by seasons and all the other measures of
conservation but also by zones; mobility between zones is not permitted. Conclusion
We have no illusions that the Treaty Right recognized by the Marshall decision is
not extensive. The only real guide provided by the Supreme Court is that the right
is limited to that of a moderate livelihood for individuals and their families. In
theory that would extend to all M'ikmaq families. In practice, the vast majority
of M'ikmaq could not be expected to chose fishing as a living; so in practice we
can make some projections of the number that will enter a fishery that is subject
to similar conditions as commercial fishermen. However, since the right is recognized
to be communal, Native leaders will presumably claim a piece of the fishery far in
excess of the numbers of individuals who want to fish for a living. We are not certain
as to why the Native leaders would actually want a share of the fishery beyond what
their members would be fishing except as a source of revenue for the Band. Such revenues
might be better secured by the establishment of a fund by the Federal Government.
someone
Canada - Monday, September 18, 2000 at 22:35:54 (EDT)