The dispute began when Sipekne’katik First Nation opened their own self-regulated fishery on Sept 17, 2020 in St. Mary’s Bay Nova Scotia, around 250km West of Halifax. One day later, reports surfaced of fracas on the water as flares and rubber bullets were fired. On Sept 20, non-Indigenous fishermen moved a flotilla of approximately 100 boats into the area to remove Indigenous fishing gear. Colin Sproul, President of the Bay of Fundy Inshore Fishermen’s Association, characterized it as an “ecological disaster and an onslaught of illegal fishing in St. Mary’s Bay.” He further stated that the flotilla of over 100 boats that had moved in to remove Indigenous fishing gear was a “form of protest and a way to gain [Minister] Jordan’s attention … we have no intention to intimidate anyone.” At that time, the CBC reported that “Sipekne’katik Chief Michael Sack said he and federal Fisheries Minister Bernadette Jordan held a “positive meeting”… to discuss a path forward” in an effort to stem further dispute.

Since that time, the conflict has deepened, and the level of violence is ramping up:

• October 5, 2020: A suspicious fire destroyed a fishing boat that belonged to Robert Syliboy, a Sipekne’katik First Nation fisherman.
• October 13, 2020: A group of non-indigenous fishermen raided multiple facilities, burning a van to the ground, destroying hundreds of lobsters and damaging the property in the process. Mi’kmaw fisherman Jason Marr reported that the mob told him that “… they were going to come in at midnight and burn us out, screaming a lot of different profanities at us.” Nova Scotia RCMP have since laid arson charges against Michael Burton Nickerson from Yarmouth County.
• October 14, 2020: Sipekne’katik First Nation Chief Michael Sack was attacked by Chris Gerald Melanson of Digby County, who has since been charged with assault.
• October 17, 2020: One of the two facilities raided on Oct 13 was burnt to the ground early on Saturday morning. One individual is recovering in hospital with serious injuries and is considered a person of interest by the RCMP.

As reported by Alex Cooke and Cassidy Chisholm of the CBC, “When it comes to laying blame for the escalating conflict, many — including the Sipekne’katik First Nation, commercial fishers, Nova Scotia Premier Stephen McNeil and opposition parties — have pointed fingers at the Department of Fisheries and Oceans for failing to properly define a ‘moderate livelihood.’”

Premier McNeil tweeted he was “deeply concerned about the acts of intimidation and violence” after the news of Saturday’s fire surfaced. Nova Scotia opposition leader Tim Houston said that “ …  Minister [Jordan] must provide regular communications with Nova Scotians to provide some assurance that her government understands the urgency and magnitude of the crisis.” He went further stating that “Minister Jordan has a job to do: work with all parties toward resolution and clearly define “moderate livelihood.””

The roots of this crisis run deep into Canadian history.

In R. v. Marshall (1999) the Supreme Court of Canada upheld an agreement from a Peace and Friendships Treaty signed between the Mi’kmaq and the British in the 1700s, that Indigenous individuals had the right to make a moderate (non-commercial) livelihood off the land in their territory. That treaty was an agreement that in exchange for a cease in hostilities, the British agreed to not interfere with Indigenous farming, hunting, and fishing rights. However, the exact legal definition of what constitutes a ‘moderate livelihood’ was left ambiguous, leading to inevitable clashes which resulted in a clarification from the Supreme Court that outlined that the Federal Government could still override the Indigenous right to a moderate livelihood if it were in the name of conservation.

Sipekne’katik First Nation opened their own fishery in September of this year as a test case, issuing only 11 licences. Commercial fishermen believe that the Indigenous fishery should not be allowed to operate. They argue that the sustainability of the industry is at stake because off-season fishing hurts the lobster population. The Covid-19 pandemic has put further economic pressure on communities, for example, demand for lobster fell significantly in China as the pandemic increased in intensity. Statistics Canada reports that over 4000 tonnes of lobster were exported in January of 2020, valued at nearly $80m, most of it originating from Nova Scotia, while in February sales to China fell to a paltry 46 tonnes, worth only $940’000.

On the Acadian side, they argue that there is little economic opportunity other than fishing, and the commercial fishermen of the area report that the number of lobsters has fallen from 1700 tonnes in 2017 down to 650 tonnes in 2019. However, these figures could not be independently verified. Levi Paul Sr. of the Sipekne’katik First Nation argues that the lobsters are a critical source of income for Indigenous communities, and reports that “There is no opportunity in Shubie. Our community is in poverty … Three to four families in a house. We’re tired of it. We’re just here trying to make that change.”

Shelly Denny, a Mi’kmaw doctoral candidate at Dalhousie University argues that the real reason for challenging the Mi’kmaw’s new fishery is “Fear. Fear that we will take what is believed to be “theirs.” Fear over the legal vacuum that applies to Mi’kmaw lobster-livelihood fishers.” Both sides see this as a critical source of economic security for their communities, and it is clear from ongoing comments made to the press that neither side is willing to back down. The repeated incidents of increasing violence listed above indicates that there is a significant risk of continued escalation in this conflict.

Jagmeet Singh, leader of the NDP, tweeted on Saturday: “This is terrorism. The Mi’kmaq people desperately need help now. No more empty words, [Justin Trudeau.] This must be stopped.”

The current Trudeau government has reached three ‘moderate livelihood’ agreements with three bands in the last year, however, no deals in Nova Scotia have been reached. It has been one month since Chief Sack reported that he had spoken with Minister Jordan to seek a positive path forward. With each passing day, the opportunity to resolve this conflict without the loss of any lives could well be slipping away. Significant efforts need to be made to de-escalate tensions and prevent further acts of violence.