Good morning, parliamentarians.
My name is Jeff Basque, and I am a senior negotiator for the Listuguj Mi’gmaq government, directed to the Standing Committee on Fisheries and Oceans by Chief Allison Metallic to comment on your order of the day, that is, on the snow crab industry in Atlantic Canada and Quebec.
A little less than two months ago, on April 6, 2010, the Department of Fisheries and Oceans, DFO, announced a 63% cut in the total allowable catch levels for the 2010 snow crab management plan in which the Listuguj Mi'gmaq government participates, with one of the largest first nations snow crab quotas. The federal government's decision directly and negatively impacts the way of life of the Listuguj Mi'gmaq and the aboriginal and treaty rights of all Mi'gmaq first nations who rely on snow crab for their social and economic livelihood.
Mi'gmaq fishing rights have full protection under the covenant chain of peace and friendship treaties and the Canadian Constitution.
The economic and social impact of DFO's unilateral decision on Listuguj, a community that has over 3,400 members and is growing rapidly, will be severe. Many fisher jobs will be lost, and families will find themselves in financial turmoil. The $1.7 million that our government uses to fund housing, health services, education, and language programming, among other public programs and services, will be lost. This decision represents a cut of over 5% of the transfer payments to Listuguj.
How could a decision of such devastating impact have been made under such an elaborate system of checks and balances? It seems impossible that the combined and cumulative knowledge and experience in the Government of Canada's Fisheries Act and the DFO regulatory regime behind these decisions could have resulted in such a catastrophe. The Government of Canada's Fisheries Act and the DFO regulatory regime, including their scientific analysis and decision-making framework, seem to be entangled in a set of conflicting interests resulting in either bad science combined with bad decision-making or perfectly good science combined with bad decision-making.
The Canadian judiciary and governments may view the involvement of the Mi'gmaq and the commercial fishery as a matter of the recent recognition of their rights by the courts. However, the Mi'gmaq were put here on earth by our creator and were bestowed sacred duties of stewardship over natural resources to guard those resources, including snow crab, as they form the basis of Mi'gmaq identity, culture, and livelihood.
This is not something we Mi'gmaq people chose or accepted. We are duty bound. Therefore, this right, framed as such under the Canadian constitutional order, is simply part of the way of life for the Mi'gmaq. We don't get up in the morning and say we will fish because it is our right. We fish because, quite simply, it's what we have done for millennia. We take what we need and no more, and we govern our fishing to sustain our future generations. Everything is connected. The state of our resources represents the state of our being as Mi'gmaq.
Now, in respect of Mi'gmaq inherent aboriginal and treaty rights, and contrary to the Canadian Constitution and case law, the Government of Canada, through the Department of Fisheries and Oceans, has acted to severely diminish the honour of the crown in several ways: first, because the Government of Canada did not in the least--either by any act or by thought of consideration--even consult the Mi'gmaq at the strategic planning level of its decision-making framework; second, through this April 6 decision, by ignoring the fact that the Mi'gmaq interest in snow crab has priority over non-aboriginal interests in the snow crab fishery; third, not having consulted and considered Mi'gmaq a priority, the Government of Canada has failed to uphold its fiduciary obligations to the Mi'gmaq, wherein the crown is duty bound to ensure priority allocation. This is all taking place while the Government of Canada goes on tour touting its policy on its duty to consult aboriginal people in Canada.
In a nutshell, the parade of Canadian constitutional order and the law and the public policy it has spawned has failed and wronged the Mi'gmaq when it could have been used to conserve and protect the resource. Yes, the Mi'gmaq believe in regulation for conservation, but not for a veil to cover the fox while he guards the henhouse. Listuguj Mi'gmaq communities in all seven districts of Mi’gma’gi, who unify with her, will not watch and sit idly while the federal government intends to cavalierly run roughshod over our way of life and our rights.
In the face of this fateful decision by Minister Shea on April 6, 2010, the Mi'gmaq are now at a crossroads. While we once trusted and put faith in the minister, the Fisheries Act, and the DFO regulatory regime, they now represent a threat to our way of life, because their decision-making framework is a threat to the resource itself, the snow crab. Therefore, as time is of the essence, in respect of the fisheries resources so vital to the livelihood of Mi'gmaq and the way of life of its people, the Listuguj Mi'gmaq government will act to take its future out of the Government of Canada's hands and put it into its own hands.
Listuguj, standing side by side with many other Mi'gmaq governments in Mi'gma'gi, will pursue its inherent right to self-governance and resolve to carry out its way of life in stewardship duties and enact its own laws on marine fisheries with a management plan and regulatory regime, and a decision-making framework that genuinely considers the conservation and protection of the snow crab resource in the long term. We will afford other governments and stakeholders an opportunity to comment on our laws, regulations, and management plans as an example of proper consultations. The resource will be used for food and social purposes. We further resolve to carry out our own scientific work to support a sustainable snow crab fishery. All this will occur aside of the commercial fishery now mismanaged by the Government of Canada.
I thank you for your time, and I'll now take your questions.