Sipekne’katik First Nation fishers say treaty elver fishery is ‘a peaceful thing’
As the 2025 commercial elver season kicks off in Nova Scotia and New Brunswick, Mi’kmaw fishers from Sipekne’katik First Nation in Nova Scotia are taking a stand by exercising their treaty rights through a protest fishery. In a move that challenges the regulatory framework set by Fisheries and Oceans Canada (DFO), these fishers, along with those from Millbrook First Nation and Membertou First Nation, are operating under their own management plans instead of adhering to DFO’s plan.
The protest fishery is a form of resistance aimed at affirming treaty rights and reclaiming control over their fishing practices. The elver fishery on the East Coast has been flourishing due to its low-barrier entry and increasing market prices. However, tensions have arisen between First Nations and non-Indigenous fishers over the perceived impact of a treaty rights-based fishery on commercial fishing.
Tabitha Morrison, a Mi’kmaw treaty fisher from Sipekne’katik First Nation, has highlighted the harassment faced by fishers from her community by DFO. She describes instances of threatening behavior, intimidation, and confiscation of equipment without its return, making it challenging for fishers to pursue the fishery as a means of financial independence.
Amy Maloney, another Mi’kmaw treaty fisher, emphasizes the peaceful nature of the treaty fishery and the community’s commitment to exercising their rights without resorting to violence. Despite facing external scrutiny and negative portrayals in the media, the community remains steadfast in their pursuit of their rights.
In response to the challenges faced, the Mi’kmaw fishers have adopted safety measures such as harvesting in groups and remaining vigilant while on the riverbanks. They are also ensuring that their fishing practices are sustainable and managed by their community’s fisheries management.
DFO has implemented new regulations requiring licensing for anyone in possession of elvers, not just those actively fishing them. Fishery officers are patrolling rivers, inspecting holding facilities, and enforcing compliance measures to regulate the elver fishery. However, the Mi’kmaw fishers remain resolute in their fight for their rights protected under the Constitution.
Despite the conflicts and challenges, the Mi’kmaw communities are united in their efforts to assert their treaty rights and ensure the sustainability of their fishing practices. The ongoing protest fishery serves as a powerful assertion of Indigenous sovereignty and the right to self-governance.
