Decades after the Supreme Court of Canada confirmed the inherent right of Indigenous people to hunt and fish, both for sustenance and a #ModerateLivelihood, the Canadian Government has yet to work with the First Nations Peoples signatory to the Peace and Friendship Treaties to establish a reasonable definition of what that means.
Chief Michael Sack said,
“We’ll define our own moderate livelihood. We’re not here to have anybody decide anything for us. We’ll decide as a Mi'kmaq nation and and move forward that way.”
Which is why the Sipekne'katik First Nation decided to establish its own fishery infrastructure, launched exactly 21 years after the SCC’s Marshall decision. Donald Marshall Jr.’s son Randy Sack received the first of the seven moderate livelihood licenses (50 tags each) issued by the Sipekne'katik Fishery to the Indian Brook band on September 17th. To date a total of 10 licenses, each allows the licensee to use a maximum of 50 traps. That is a total of 500 traps. Contrast that with the 900,000 traps used by the Commercial Fisheries.
The reaction by Commercial Fishers has been violent, and Indigenous fishers have faced threats and intimidation, been shot at with flare guns, had their gear stolen or vandalized, trucks and boats destroyed, and since a Lobster Pound that dealt with Commercial and Indigenous fishers was targeted, vandalized and destroyed, others are refusing to do business with them. Today Chief Sack got a Court Injunction to help protect his people and their Moderate Livelihood Fishery.
“Charles: I think a lot of people don’t fully understand what the Indigenous communities’ rights are. They don’t fully understand that the First Nations have rights that are different from the privileges to fish that non-Natives have.” — Hakai Magazine: Mi’kmaw Fishery Dispute Is Not About Conservation, Scientists Say
“I think it’s incumbent on the national government and (the Fisheries Department) to quickly pull together a meeting that brings all sides together to find a solution that the courts told us 21 years ago we needed to find, and that has to happen soon.” — Premier Stephen McNeil, Nova Scotia
Vehicle torched, lobster pounds storing Mi’kmaw catches trashed during night of unrest in N.S. : https://www.cbc.ca/1.5761468
Treaty of 1752, Article 4 reads, “It is agreed that the said Tribe of Indians shall not be hindered from, but have free liberty of Hunting and Fishing as usual…”
Destroying their equipment and stealing their catch is both a Treaty violation and a criminal offence.
I live in Ontario, have never been to Nova Scotia, nor am I Indigenous and I don’t eat lobster. But all the same I am furious about this entire situation. Mobs of white racist fishers are attacking Indigenous fishers, trespassing and destroying their property while RCMP stand around and do nothing more than turning their body cams off. These guys might as well be wearing white hoods and hammering burning crosses into the ground. 8
What ever happened to Canada’s vaunted rule of law? Mobs of white vigilantes are trespassing and destroying property.
It is up to the Federal Government DFO to announce that the Indigenous fishers are not breaking the law.
It is up to the Nova Scotia government to ensure the RCMP upholds thd law, which includes keeping the peace, preventing violence and arresting perpetrators.
If there are any non-racist white people in Nova Scotia, they need to get out and stand with their Indigenous neighbors.
Those of us who don’t live there can help in ways suggested in the list below, republished here to amplify the message.
WAYS TO SUPPORT MI’KMAQ ASSERTING THEIR TREATY RIGHTS IN DIGBY, NOVA SCOTIA (UNCEDED MI’KMA’KI)
What is Decolonization?Mi’kmaw Ancestral Relational Understandings and Anthropological Perspectives on Treaty Relations (Chapter 1): https://bit.ly/3cisdwY
UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES:
“Food Fish, Commercial Fish, and Fish to Support a Moderate Livelihood: Characterizing Aboriginal and Treaty Rights to Canadian Fisheries” by Douglas Harris & Peter Millerd:
The all-party committee on electoral reform (ERRÉ) has just finished four months of expert and public consultations. They will make their recommendation to Government by December 1st.
Of the ERRÉ witnesses with a position on voting systems, 88% recommended Proportional Representation. This reinforces the findings from decades of research from around the world and of 13 previous electoral reform processes in Canada, including two thorough and impartial citizens assemblies.
When the Government launched the process without a mechanism for collecting empirical data, Fair Vote Canada, a multi-partisan advocacy group, started tracking the process very closely. We are releasing the results of our work to the media because we believe the process needs to be transparent and accountable.
(You can find key a list of results below with links our spreadsheets.)
Despite a strong call for proportional representation across all of the consultative platforms, we believe reforming the electoral system could be in serious trouble based on recent comments from Prime Minister Trudeau and Minister Monsef.
President Réal Lavergne expressed Fair Vote Canada’s concerns “We are worried that the Minister and the Prime Minister are saying that we cannot count on the government keeping its promise to make every vote count. Yet experts and Canadians have clearly expressed themselves in favour of proportional representation, which is what it really means to “make every vote count.”.
David Merner, Vice-President of Fair Vote Canada and former LPC candidate (2015)
David Merner, Vice-President of Fair Vote Canada and a Liberal candidate in last year’s federal election adds “This is not the time for back-tracking. The Prime Minister and the Minister of Democratic Institutions have personally created a sense of hope in Canadians, building on the 2015 Liberal campaign promise of Real Change. Millions of voters believed that the government intended to keep its promises. We believed the political cynicism of the Harper years was behind us, and thousands of us participated in the government’s consultations in good faith.”
Merner says “Now is the time for the government to deliver on its promises.”
Highly regarded Conservative strategist and spokesperson for the Every Voter Counts Alliance, Guy Giorno, adds that “committee members must endorse what’s right for Canadians, not what benefits any particular party. Given the weight of the evidence before the committee, the only legitimate option is a recommendation for proportional representation. Let’s also remember that electoral reform was a major issue at the last election, and voters overwhelmingly supported parties promising change.”
The weight of expert testimony in favour of PR was echoed across the country in hundreds of town halls and public dialogues.
Over the next few days the ERRÉ will negotiate a recommendation for a new electoral system for Canada. The final report is due on December 1.
Fair Vote Canada’s President Réal Lavergne explains that “Once that recommendation has been made, it will be incumbent on the minister to carry it forward and for the government to act on it. Leadership will be required to educate both the public and parliamentarians, and to champion the proposed reform.”
“Based on all the results of the expert and citizen consultations, the committee’s only legitimate option is to recommend in favour of proportional representation.”
Key indicators from ERRÉ hearings
Canadian Electoral System expert Dennis Pilon testified before the ERRE Committee.
88% of expert witnesses who expressed a preference called for proportional representation
4% supported the Alternative Vote
(majoritarian ranked ballot systems tend to evolve towards a two-party system, often favour centrist parties and could further entrench the distortions brought about by our existing majoritarian system. )
67% thought a referendum was undesirable or unnecessary.
Here are basic indicators from the 27 dialogues or town halls hosted by citizens and community groups posted on the ERRÉ site or for which we have directly obtained the information so far:
Total number of participants: 1,058
88% (22 events) – A majority of speakers calling for proportional representation
8% (2 events ) – A majority for change but no majority for any one option
12% (3 events) – Report does not allow any majority view to be identified.
We are aware of at least 15-20 other community dialogues that are not yet posted on the ERRÉ site.
Minister Monsef organized two types of town hall consultations: ones in her own riding, and others as part of a cross-country tour. Here is an extract from the report submitted to the ERRÉ on town halls held by Minister Monsef in her Riding of Peterborough:
“It is clear that there is an appetite for thoughtful change to the electoral system. While opinions on the various electoral systems did vary, most participants indicated their support for a more proportional electoral process that still respected the need for local representation and simplicity of the ballot.”
Although Minister Monsef routinely conducted straw polls on issues such as mandatory voting and online voting in town halls on the road, she did not do the same regarding support for proportional representation. FVC volunteers attended these events across the country and shared their opinions. Here are a few quotes from participants:
Toronto: “PR was clearly the main issue for most. With respect to PR, many attendees spoke passionately and eloquently in favour, and if anyone present opposed it, he or she was not bold enough to express that view.”
Vancouver: “It seemed that 90% of the audience… did want some form of PR.”
Edmonton: “ It seemed most people were in support of some sort of proportional representation.”
Yellowknife: “She asked whether the participants liked FPTP to remain, or Ranked system or STV or MMP or Proportional Representation implemented. One voted for FPTP. Many voted for MMP and a few voted for PR.”
Yukon: “Some Yukoners came in support of our current electoral system (First Past the Post); more were on the side of moving towards proportional representation.”
Halifax: “The feedback from the groups certainly favoured PR.”
Montreal: “There was an overwhelming support for PR in the room.”
Thunder Bay: “Of the dozens who rose to spoke, everyone spoke in favour of PR.”
Gatineau: “ Participants spoke to PR at every opportunity they had… However, the format made this difficult… Taking into consideration those interventions that spoke to the issue of PR vs FPTP or AV, the overwhelming majority of interventions – in the order of 70% or more – were in favour of PR.”
Waterloo: From the report of 4 MPs: “Every group discussed the need for our new electoral system to feature some degree of proportionality.”
Charlottetown: “ About 90% of the people there were pro-PR.”
Winnipeg: After noting that three people were for FPTP because they feared losing local representation. The rest of the comments I heard were mostly just preferences for the different PR systems.”
Happy Valley-Goose Bay: “What we said was that we wanted PR BUT, it had to be a hybrid type that considered the lack of population and massive land mass of not only Labrador but 60 % of Canada, i.e. the North.”
Calgary: “There was overwhelming support for getting rid of the current system, with different groups mentioning STV or MMP as their top choice.”
A concluding note
And, to conclude, this eloquent quote from a Fair Vote Canada volunteer at the Victoria town hall where the Minister said she “can’t promise you that I’ll be advocating for PR because I haven’t heard that from an overwhelming majority across the country.“
Victoria:
“The wheels were skidding out of control as we tried to combat the spin we received at last night’s town hall on Electoral Reform. Maryam Monsef, the Minister of Democratic Institutions hosted the gathering in Victoria billed as “the last chance” to give your input. But the tone of the meeting was quite acrimonious. They were clearly managing the message while backpedaling from an election commitment about changing the electoral system. Not only did she defend Trudeau’s recent comments about no longer needing this reform because we voted for HIM.”
“After months of hearing expert witness by the proportionally cross-partisan panel, and while MPs held public consultations with thousands of Canadians across the country, are we now to believe there is no appetite for Proportional Representation? Monsef said that she has not yet made up her mind but the implication of her words was troubling. Will the government diminish the committee’s well-researched, democratic report in December by championing their predetermined preference? For many of us who attended last night the so-called consultation felt like a sham.”
PS from Laurel:
I’ve chosen to used my own photographs, here, not only because they are free culture photos (licensed to share under a Creative Commons Attribution 3.0 Unported License) but because the number of electoral reform events in and around Waterloo Region has been staggering, and I wanted to share some of them with you, but there were so many local ERRÉ events that I attended (and I didn’t attend them all) that there isn’t enough room here to use photos from them all!
There was a time not long ago when I knew nothing about electoral reform. It was only when I was asked to take photos at local Fair Vote Waterloo events that I found myself listening to what the Fair Vote folks had to say, and after a while I even started understanding it. This was not an easy process, nor was it fast. It can take a while to really gain an understanding of something completely different from what we’re used to.
That’s why every electoral reform event must incorporate an education piece. The thing that I have seen over and over again is that even though Canadians may not know the words for it, or how to fix it, we know something is wrong with our voting system that needs to be fixed.
That is why Mr. Trudeau’s “We will make every vote count” resonated with so many people.
And what I have learned from every discussion and every ERRÉ event I’ve attended is that when Canadians have a chance to understand the difference between winner-take-all and Proportional Representation, we almost always want some form of PR. I think that’s because most Canadians value fairness, and the only way to get to a point where the votes of most Canadians actually count will require some form of Proportional Representation.
Fair Vote Canada suggests Canadians who want to see the implementation of some form of Proportional Representation would do well to let the ERRÉ Committee know about it, and to make it easier for us, they have an automated tool to help us send a letter urging the committee to recommend PR here:
A concluding note
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