Evidence of meeting #7 for Fisheries and Oceans in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was mi'kmaq.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Thierry Rodon  Associate Professor and Canada Research Chair in sustainable northern development, Université Laval, As an Individual
Naiomi Metallic  Chancellor's Chair in Aboriginal Law and Policy and Assistant Professor, Schulich School of Law, Dalhousie University, As an Individual
William Craig Wicken  Professor, Department of History, York University, As an Individual
George Ginnish  Chief Executive Officer, North Shore Mi’gmaq District Council, Eel Ground First Nation
Darlene Bernard  Lennox Island First Nation
Clerk of the Committee  Ms. Nancy Vohl

5:20 p.m.

Liberal

Bobby Morrissey Liberal Egmont, PE

Did those come post-Marshall? I think you indicated that.

5:20 p.m.

Lennox Island First Nation

Chief Darlene Bernard

All of those licences have been the result of Marshall agreements, not prejudicial agreements.

5:20 p.m.

Liberal

Bobby Morrissey Liberal Egmont, PE

Okay.

I'm not sure if you were listening to the comments from Professor Metallic, who presents herself as an expert witness on first nations treaty law. She indicated that in the transfer of fishing rights to the commercial, which was done by DFO, there seems to be a difference of opinion that maybe this process should never have been involved and that it should have gone directly to defining “moderate” and proceeding down that particular route.

What would your comments be on that? Is it one or the other, or is it a combination?

5:20 p.m.

Lennox Island First Nation

Chief Darlene Bernard

No.

I believe that our fisheries in our communities across the Atlantic are all going to be different. They are all very diverse.

On Lennox Island we have our food, social and ceremonial fishery, which we'll always have. We have our commercial communal fishery, and we're going to start on our rights-based fishery in the spring next year. These are all different fisheries but we're going to manage all of these fisheries under one umbrella, and we are doing that.

5:20 p.m.

Liberal

Bobby Morrissey Liberal Egmont, PE

The one from the treaty rights was the moderate one.

5:20 p.m.

Lennox Island First Nation

5:20 p.m.

Liberal

Bobby Morrissey Liberal Egmont, PE

There was no court and it never directed DFO that it had to transfer commercial licences to first nation communities. The courts upheld the right to a moderate livelihood fishery and then DFO attempted to fill this with the transfer of commercial fishing licences—

5:20 p.m.

Lennox Island First Nation

5:20 p.m.

Liberal

Bobby Morrissey Liberal Egmont, PE

—which, for me, is confusing and appears [Inaudible—Editor] discussion.

Do you agree with that?

5:20 p.m.

Lennox Island First Nation

Chief Darlene Bernard

It is confusing, but I don't agree with that, no.

5:20 p.m.

Liberal

Bobby Morrissey Liberal Egmont, PE

Okay. I appreciate that.

I have one final question for you, Chief, as I'm running out of time.

You made a reference to Dalhousie University and that there are currently no conservation concerns.

I did not hear any witness from Dalhousie University provide evidence to this committee that there were no conservation concerns with a livelihood fishery as it relates to some warm-water fisheries. There were other biologists who expressed concern that there would be harm to the fishery if the fishing was occupied at certain times.

5:20 p.m.

Lennox Island First Nation

Chief Darlene Bernard

I can provide you with that [Inaudible—Editor]

5:20 p.m.

Liberal

The Chair Liberal Ken McDonald

Thank you, Mr. Morrissey. You're now over time.

We'll now go to Madam Gill for six minutes or less, please.

5:20 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Chair, my thanks to the witnesses joining us today: Chief Ginnish and Chief Bernard.

First, Ms. Bernard, you were not able to finish your opening remarks.

Do you have anything essential that you would like to tell us and that you were not able to mention earlier?

5:25 p.m.

Lennox Island First Nation

Chief Darlene Bernard

I don't understand.

I'm not getting the English interpretation.

5:25 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Is the interpretation working?

November 16th, 2020 / 5:25 p.m.

The Clerk of the Committee Ms. Nancy Vohl

I'm sorry, Ms. Bernard.

I believe you will have to go to the bottom of your Zoom, take interpretation and select English.

5:25 p.m.

Lennox Island First Nation

Chief Darlene Bernard

Okay. I'm sorry about that. I apologize.

5:25 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

It's not your fault.

I was saying thanks to both of you, Chief Ginnish and Chief Bernard.

Chief Bernard, I know that you did not have the time to finish your remarks just now. I was asking whether you had anything essential that you did not have time to tell us. If you do, you can have a moment of my time to do so.

5:25 p.m.

Lennox Island First Nation

Chief Darlene Bernard

Do you want me to continue where I was reading?

5:25 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

I don't know. I have a number of questions, but, if you have any major points that you would like to pass on to us, I can give you time to do so.

5:25 p.m.

Lennox Island First Nation

Chief Darlene Bernard

I didn't have time to look through them. There were still three pages. I will just answer questions. Unless I—

5:25 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

Okay.

I know that you have started community discussions where you live. Could you tell me what has come out of those consultations?

5:25 p.m.

Lennox Island First Nation

Chief Darlene Bernard

We've just barely begun the whole idea of being engaged in our community and talking about the livelihood fishery. We're just beginning that, so we're setting up a plan. We plan on engaging every community member, 16 and up, talking to them about the livelihood fishery, what their thoughts are on it and how they see it happening.

We have commercial fishermen who fish next to commercial fishermen, right? There are all kinds of different opinions in my community right now. There are very strong opinions in my community, and there are other people who just want to know how to get involved. We're going to take the next three months and really do that engagement and do a really good job of that, so we can come back to the community and give them an idea of what the discussions were all about and a plan to go forward.

5:25 p.m.

Bloc

Marilène Gill Bloc Manicouagan, QC

You are talking about community plans, but what should be done to establish a regulatory framework that would allow you to exercise your right to fish? What do you think the ideal process would be?

The question goes to Mr. Ginnish too, of course.