Monday, May 10, 2021

UN committee calls on Canada to respond to claims of racist violence against Mi'kmaw fishers

Taryn Grant 
CBC TODAY

© Andrew Vaughan/The Canadian Press Mi'kmaw lawyers requested intervention from the United Nations committee on the elimination of racial discrimination.

A United Nations committee has asked Ottawa to respond to claims it didn't properly intervene in or investigate racist violence against Mi'kmaw fishers in Nova Scotia last fall.

The committee on the elimination of racial discrimination outlined its request in an April 30 letter to Leslie Norton, Canada's permanent representative to the UN in Geneva.

The committee has penned about a dozen similar letters to Canada on other matters since 2008.

Most recently, in 2020, it called for a stop to construction of three major resource projects in B.C. — the Trans Mountain pipeline expansion, Site C dam and Coastal GasLink pipeline — until affected First Nations gave their full consent.

The call was unsuccessful and work on those projects went ahead.

Nevertheless, Pam Palmater, a Mi'kmaw lawyer and one of the authors of a submission made to the UN committee requesting intervention, said she considers the committee's involvement "a significant political lever."

At a minimum, she told reporters Monday, she hopes it will compel Canada to reconsider its position on the Mi'kmaw fishery.

"We know they're not going to send an army in here and take over Canada or anything like that," Palmater said.

"It's about calling attention to both Canada and Canadians that something isn't right here, and Canada needs to come to the table in a good way."
Sipekne'katik fishery

In September, the Sipekne'katik band launched a self-regulated lobster fishery in southwest Nova Scotia to significant opposition from non-Indigenous commercial lobster fishers.

Many commercial fishers say no harvesting should happen outside the federally regulated commercial season in the area, which runs from late November to the end of May
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© Submitted by Pam Palmater Mi'kmaw lawyer Pam Palmater is one of the authors of a request for intervention from the United Nations in Nova Scotia's longstanding lobster fishing dispute.

Mi'kmaw fishers argue they have a treaty right to fish for a "moderate livelihood" outside the federally regulated season, based on the 1999 Marshall decision from the Supreme Court of Canada.

In mid-October, the conflict reached a fever pitch with the destruction of property and hundreds of lobster caught by Mi'kmaw fishers at a pound in Middle West Pubnico, N.S. A few days later, the lobster pound was burned to the ground.
UN letter

The UN committee's letter refers to "escalating" acts of racist hate speech and violence between September and December, especially between Oct. 13 and 17, the period during which the pound was vandalized and destroyed.

The committee said it was "concerned" about allegations of a lack of response by Canadian authorities, and it set a deadline of July 14 for Canada to respond with information addressing the following:

How Canada investigated alleged acts of racism against the Mi'kmaq.

How Canada investigated an alleged lack of adequate response by authorities to those acts.

What Canada did to prevent further acts of racism against the Mi'kmaq.

What Canada did to respect, protect and guarantee fishing rights and other rights of the Mi'kmaq.


In December, Sipekne'katik Chief Mike Sack halted talks with the Department of Fisheries and Oceans after reaching an impasse over the moderate livelihood fishery.

The band is planning to launch a new self-regulated fishing season next month

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