DFO claims it’s not offering Sipekne’katik new fishing licences, wharves, lobster pounds, exclusive fishing zones

Aaron Beswick
10 Min Read
DFO claims it’s not offering Sipekne’katik new fishing licences, wharves, lobster pounds, exclusive fishing zones

Published Apr 15, 2025  •  Last updated 7 hours ago  •  5 minute readLobster boats at the Saulnierville wharf in St. Marys Bay. Photo by ContributedThe Sipekne’katik First Nation and Fisheries and Oceans Canada are denying reports that the Chief and council were presented an offer that would have drastically increased the Band’s fishery access.An internal summary of the offer, along with a letter by band lawyer Michael McDonald stating that the offer would need to go to the community for consultation and a vote, was posted to Facebook on Sunday.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle content“When I look at this offer I envision us having a wharf in LFA 32 with a lobster pound right there and a fish plant on the site. Reserve land all around it,” reads the letter by McDonald to the Chief and council.“We will be able to process different species of fish. Our crab boats can bring in their catches to our wharf and the crab can get processed right there at the fish plant we own. The fish plant could employ over 30 band members. We could build a living unit right there on site where members can choose to spend the night or they can drive home since the commuting is only less than an hour’s drive from the site.”The letter goes on to state that it would provide opportunities for moderate-livelihood fishing beyond lobster to ground fish and halibut.The summary of the offer includes:The federal government building Sipekne’katik two fishing wharves and lobster pounds in lobster fishing areas of the band’s choosing.The federal government building a fish plant for the First Nation adjacent to the wharf and pound situated along the Atlantic Ocean.Land surrounding the two wharves would be “fast tracked” for conversion into reserve land, making it subject to Sipekne’katik governance.Whenever a licence is retired in the fishing area adjacent to Sipekne’katik’s new wharves, it would be provided to the First Nation.The creation of exclusive fishing zones where only Sipekne’katik First Nation members would be allowed to fish.The federal government buying commercial fishing licences for Sipekne’katik in other fishing zones around Nova Scotia for conversion into moderate-livelihood licences.Funding for training, gear and vessels, along with compensation for lost gear.The federal government assisting Sipekne’katik in acquiring buyers’ licences.All charges against Sipekne’katik First Nation members related to the band’s self-governed moderate livelihood fishery being dropped.Article contentIn return, Sipekne’katik First Nation members would only fish during the local commercial season.“Please note this is not an agreement but rather a settlement and resolution to our action against DFO,” reads the briefing note.“This resolution will have no negative impact on treaties and we will make sure of this is in writing.”Since last spring, Sipekne’katik has been in confidential negotiations with DFO to end its lawsuit against the federal government over its claims the government has infringed upon its treaty rights to pursue its own self-regulated moderate-livelihood fishery.On Monday evening, Sipekne’katik Chief Michelle Glasgow responded to Chronicle Herald questions with the following written statement:“Facebook is not a reliable source for information, our Band knows this and you should too.”The Chronicle Herald has since independently confirmed that both the offer summary and McDonald’s letter are authentic documents that were received by council in December. For its part, DFO issued a written statement on Tuesday afternoon saying that the “source documents did not come from DFO.” It went on to state, “This mediation is still in the early phases, and DFO has not made any mediation offers to Sipekne’katik.”Article contentWhile commercial fishermen had won intervenor status from the Nova Scotia Supreme Court to share their views in Sipekne’katik’s lawsuit, they have been barred from the negotiations between the band and the federal government as they are “nation to nation.”“If what we are seeing is true and that is in fact what is being offered, then it is nothing short of a declaration of war on our way of life as commercial fishermen,” said Colin Sproul, president of the United Fisheries Conservation Alliance, an umbrella group representing commercial fishermen across the Maritimes that had won intervenor status.“It can only cause further division and we will not stand for it; it is not going to happen,” said Sproul.”It is the end of new entrants to this fishery. We will not give up the ocean that generations of our families have stewarded. It is totally ridiculous that pieces of the ocean should only be for people based on what their identity is . . . given that there are hundreds of wharves across the Maritime provinces where Indigenous and non-Indigenous harvesters are peacefully, sustainably and profitably fishing.”Article contentRecommended from Editorial DFO didn’t share report of pistol-wearing elver harvester with N.S. RCMP First Nations convoy targeting N.S. elver rivers to protest DFO as lawlessness returns to fishery DFO claims it can and will enforce law on First Nations fishers Liberals face headwinds in Atlantic Canada fishing communities Three years ago, Sproul and then-Sipekne’katik chief Mike Sack negotiated directly with one another on a deal to end the fishing dispute in St. Mary’s Bay. It would have seen commercial fishermen support a 50 per cent increase in access on top of the communal commercial licences Sipekne’katik already had.It would have resulted in 75 moderate-livelihood licences for 100 traps apiece for Sipekne’katik that would have been fished during the commercial season, which opens in November.But DFO refused to implement the agreement. Sack lost the next band election and Chief Glasgow’s council launched its lawsuit against DFO.Over objections from DFO and Sipekne’katik, the Supreme Court of Nova Scotia granted the UFCA intervenor status in that lawsuit. Then, the day before a court hearing for the suit last June, Sipekne’katik and federal government lawyers applied to have it adjourned as they instead entered into confidential nation-to-nation mediation.Article contentNova Scotia Supreme Court Justice John Keith gave them until Dec. 16 to reach a settlement or face having the court decide the extent of the treaty right. On Dec. 14, the parties were back before the court, with Sipekne’katik lawyer Ron Pink and federal government lawyers saying they were very close to a deal.Questioned by Keith, both Pink and federal government lawyer Gwen MacIsaac balked at guaranteeing that consultation with commercial fishermen would be “full and fair,” cautioning that those terms are subject to interpretation. MacIsaac also declined to say that beyond reconciliation and the honour of the Crown, federal government representatives participating in the confidential negotiations also represent the interests of commercial fishermen.Keith gave the parties until June 16 or face having the court adjudicate the matter.Article content

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