Mi’kmaq Shubenacadie Band

HALIFAX, Nova Scotia – The lobster harvest is an important part of daily life in the coastal Mi’kmaq communities of the Shubenacadie Band, but it is being threatened by an on-going dispute with the federal government over treaty rights.

In 1999, the Supreme Court of Canada ruled that a 1760 treaty that guaranteed the rights of Aboriginal people to fish whenever and wherever they needed and to make a living doing it was valid and in force.

This decision confirmed the band’s contention that they were not restricted to the commercial lobster season determined by the Department of Fisheries and Oceans, but it caused outrage amongst non-Aboriginal commercial fisherman.

The commercial interests launched an intense lobby effort and legal actions that culminated in another Supreme Court decision and Parliamentary action that narrowed the Mi’kmaq fishing rights to what constituted “a moderate living.”

The DFO pounced on this loophole and restricted the lobster harvest to the commercial season, its interpretation of “moderate,” and staged a series of raids on Mi’kmaq communities on St. Mary’s Bay, confiscating their lobster traps, boats and other equipment for violating federal fishing regulations and conservation laws.

DFO forced several bands into an agreement to abide by the commercial lobster season and regulations or have their property remain impounded.

“Shubenacadie Band has a Lobster Management Plan,” said Chief Reg Maloney of the Shubenacadie Band during a Sept. 21 press conference. “We grant licenses to band members and issue tags for only the number of traps that are needed for our purposes.”

Maloney said in an interview with ICT that the treaties between his band and other First Nations in Canada are between two sovereign nations and accordingly the Shubenacadie have the right to regulate themselves. He added that as of Nov. 21, six days after the start of the lobster season, Shubenacadie Band has not decided whether or not to accept the agreement.

“We haven’t fished yet,” said Maloney. “We got the license, but I don’t know how much fishing we can have with no equipment.”

Representatives of DFO’s Maritime region declined invitations to speak with ICT.

Maloney’s daughter April Maloney has recently finished an untitled documentary on the Shubenacadie Band’s struggle with Ottawa and is seeking assistance in distributing the film.

Federal-Provincial-Territorial Ministers for Aboriginal Affairs

IQALUIT, Nunavut – Ministers responsible for Aboriginal affairs and the leaders of Canada’s five national aboriginal organizations met in the nation’s newest territorial capitol to discuss ways to increase their participation in the economy.

A focus of the meeting was to look for ways to increase the involvement of Aboriginal women entrepreneurs in the economy. According to a press release from the Canadian Intergovernmental Conference Secretariat, one new tool to allow this is the Aboriginal Women’s Business Planning Guide.

The guide will draw on the experiences of Aboriginal women entrepreneurs and offer a “step-by-step” approach of basics for starting up a new business. It will contain a guide on existing programs.

The guide is scheduled for release in the spring of 2003.

The National Aboriginal Youth Strategy was also on the agenda. The ministers and national native leaders endorsed the National Aboriginal Organizations Youth Committee as a means to promote Aboriginal youth programs and to further consult them on issues affecting their futures.

A national business summit was also announced for Toronto from Feb. 19 to 20. The intention of this conference is to foster business practices that will allow native communities to become more economically self-sufficient.

Federation of Saskatchewan Indians

SASKATOON, Saskatchewan – Bill C-68 is the newest gun-control law in Canada and at least one native leader in the province is taking a stand against the law for what he considers to be an infringement of treaty rights.

Greg Ahenakew, a vice-chief with the Federation of Saskatchewan Indians (FSI) told the Canadian Broadcasting Corp. that he would not comply with the law and register his guns by a Jan. 1, 2003 deadline.

The FSI is also challenging the law in court.

Ahenakew said he will not counsel other natives to break the law, but said the federation will provide legal support to any native in the province who refuses to comply.

Garden River First Nation

SAULT ST. MARIE, Ontario – The Garden River First Nation was saddened by the loss of five of its members in a fatal car accident earlier in August 2001, and a controversy surrounding their deaths is continuing to anger the community.

Lana Vincent, her husband David Allen Vincent, their daughters Brianna, Shania and their niece Karly Ann Barry were killed instantly when the vehicle in which they were riding was struck by 19-year old Joseph Martin Crozier.

Crozier was charged with careless driving by the Ontario Provincial Police, but in a hearing on the matter on Nov. 8 the charges against him were dropped when his defense council learned that the OPP had not handed over all the evidence on the accident, outraging the Garden River Nation.

The anger over the halting of the inquest was compounded when band members learned that Crozier’s lawyer, Jennifer Tremblay-Hall, had been handling the band’s legal affairs until recently. They are arguing that Tremblay-Hall and her firm should have declared a conflict-of-interest in the case and that members should have been informed by Chief Lyle Sayers of the situation.

Sayers said he did not see that there was a conflict because Tremblay-Hall had transferred out of the department at her law firm handling the band’s affairs and was really not their lawyer anymore.

Band members are appealing the judgment of the Crozier trial and a ruling is expected by the end of November.

Acadia First Nation

YARMOUTH, Nova Scotia – A land-claim agreement was reached on Nov. 14 between the Acadia First Nation and the Government of Canada for land illegally seized from them in 1871.

The Acadia will receive $2 million (Cdn.) for the seizure of the Ponhook Reserve, about 100 hectares (247 acres) that was immediately sold.

Chief Deborah Robinson said the band will have the money placed in trust and used to increase the land base of the Acadia.

“This significant settlement is a major victory and a positive sign of what the future holds for our band,” said Robinson during a press conference announcing the settlement. “It will contribute to the overall social and economic well-being of Acadia First Nation.”

An agreement-in-principal was reached on Jan. 30, but was not initially approved by the Acadia because the vote did not reach quorum. A second vote in May was supported by enough eligible voters in the band.

Haida

HAIDI GWAI, British Columbia – A collection of works by the respected Haida artist Bill Reid will be staying in British Columbia.

A last minute contribution of $400,000 (Cdn.) from the federal government helped to prevent the sale of Reid’s work to a private collector who planned to move it out of the province.

Federal Heritage Minister Shelia Copps had argued over the past two years that she would not support using federal funds to save the collection and recently made several other inflammatory remarks about the collection she has claimed were misinterpreted.

The acquisition costs totaled $800,000 – $700,000 for Reid’s widow Martine and $100,000 sales tax.

The Vancouver Sun and “CBC Art News” have both announced that the collection will be going on an international tour until a permanent home for the collection is found.