Thank you, Madam Chair.
Good morning and weli eksitpu'k, Madam Chair, co-chairs and members of the committee. Thank you for your invitation to appear today.
I want to begin by acknowledging that the committee is meeting on the unceded traditional territory of the Algonquin nation.
My name is Andrea Paul. I am the regional chief for Nova Scotia, and I speak on behalf of the Assembly of First Nations.
The AFN is mandated by First Nations-in-Assembly to advance and protect first nations' inherent, treaty and aboriginal rights, including fisheries rights, and it is in that spirit that I am here today with you.
I want to focus my remarks on the following themes.
First, the AFN sees the timing of fisheries opening and closing dates as a complex interplay of a myriad of issues, not simply operational. Second, there is a clear gap between what is required by law and what happens in practice. Third, we believe that there is a path forward, but it depends on implementation.
First, fisheries timing cross-cuts jurisdiction, governance and management. From the AFN perspective, this is not simply about scheduling or administration. The timing of opening and closing dates reflects who makes decisions, how those decisions are made and whether affected first nations are meaningfully involved. What we are seeing across the country—delayed openings, misaligned seasons and inconsistent decisions—is not new. These issues are tied to a system that is still largely centralized, where decisions are made with limited shared authority and continued reliance on ministerial discretion. The result is that timing decisions often do not reflect ecological realities or first nations jurisdiction, governance or priorities.
First nations fisheries are grounded in inherent and treaty-protected rights recognized under section 35 of the Constitution Act, 1982. The Supreme Court of Canada has been clear: After conservation, first nations fisheries have priority, but in practice, that priority is not consistently reflected, especially when it comes to timing. When fisheries open too late or not in alignment with migration, access is reduced in a very real way. This is not a question of policy gaps. The frameworks already exist. The issue is implementation, and this is what I mean by the “implementation gap”.
Canada has committed to the United Nations Declaration on the Rights of Indigenous Peoples, which affirms first nations' right to participate in decision-making and the principle of free, prior and informed consent, yet decisions about the opening and closing dates of fisheries are still made largely through centralized processes. That disconnect continues to drive the issues we are discussing today.
This current study is happening in the context of ongoing tensions around salmon allocation, particularly on the Pacific coast. We are seeing increased pressure from different sectors and growing narratives that frame fisheries access as a direct competition between and among user groups.
It's important to be clear here. First nations fisheries are not discretionary allocations. They are rights-based and in many cases are set out in modern land claim agreements as well as historical treaties. Timing decisions are one of the ways these broader pressures show up in practice, often in ways that limit access.
The impacts of these decisions are immediate to first nations. They affect access to food, social and ceremonial fisheries, commercial and communal fisheries and economic opportunities within communities. They also contribute to tension on the water, particularly where access overlaps and enforcement is uneven. These are concerns we continue to hear directly from first nations across the country.
There are also broader management issues that need to be acknowledged. We continue to see gaps in data and monitoring, limited use of indigenous knowledge, and enforcement capacity that is stretched thin. For example, the impacts of catch-and-release fisheries, especially in warmer conditions, are not always fully reflected in decision-making. These pressures add to the challenges of managing already declining stocks.
The path forward is not about creating new policies. It's about doing the work that already has been committed to. That means recognizing first nations as right holders and government partners, moving toward co-developed decision-making and ensuring decisions are predictable, transparent and aligned with section 35. We already are seeing this practice through rights reconciliation agreements and other co-governance approaches.
In closing, the timing of fisheries openings and closures is not an isolated issue. It reflects broader, long-standing challenges in how fisheries are governed in Canada. These challenges have been identified repeatedly, and they remain unresolved. Without a shift toward co-jurisdictional, rights-based management, the same issues will continue to surface, including those related to timing and access.
The AFN encourages the committee to focus on these underlying governance issues and to support approaches that ensure that first nations' rights are fully recognized and implemented in practice.
Wela'lioq. Thank you.