On the banks of a Nova Scotia river, Mi’kmaw elver fishers defy Ottawa

As the sun sets along the banks of the Fitzroy River, Tabitha Morrison takes a moment from her work of dipping her net for baby eels to share her perspective on why she believes Ottawa’s rules shouldn’t govern Indigenous fishers. The Mi’kmaw fisher, a member of the Sipekne’katik First Nation, emphasizes that they are simply trying to make a living and exercise their right to self-governance.

In a recent interview, Morrison, 38, explains that despite following catch limits and regulations, Indigenous fishers face challenges when it comes to accessing their traditional fishing grounds. Last year’s elver fishery was marred by chaos and violence, leading to the closure of the fishery. In response, the Fisheries Department allocated half of the total catch to Mi’kmaw communities, without compensating the commercial license holders.

For the 2025 season, the government aimed to create a more controlled fishery by involving new Indigenous participants within a monitored system. However, some First Nations, including Sipekne’katik, have rejected this approach, asserting that their treaty rights take precedence over federal regulations. This has led to a divide between Indigenous fishers and the government, with some communities opting to operate outside of the federal system.

Tegan Maloney, an 18-year-old Sipekne’katik fisher, explains that the quotas offered by the Fisheries Department were insufficient for their community, which has around 200 fishers. As a result, Sipekne’katik developed its own fisheries plan, allocating a higher quota of elvers to each fisher compared to what other bands accepted under Ottawa’s plan.

Mark Weldon, a veteran commercial fisher with Atlantic Elver Fishery, expresses concerns about the growing tension on the river, with Indigenous fishers asserting their treaty rights. He notes a decrease in access to fishing grounds under the new system and calls for better enforcement of regulations to ensure a level playing field for all fishers.

Despite the challenges and conflicts, both Indigenous and commercial fishers express a desire for a sustainable and respectful fishery in the future. The federal Fisheries Department has reached out to Indigenous communities, offering to discuss the government’s plan, but some bands remain steadfast in their assertion of treaty rights.

As the debate continues, Morrison emphasizes the importance of recognizing and upholding Indigenous rights and traditions. She views the government’s approach as a form of systemic racism, labeling Indigenous fishers as poachers when they are simply trying to make a living. Ultimately, the goal is to find a solution that respects treaty rights and ensures a fair and sustainable fishery for all involved.