Mr. Speaker, I hope this sounds a lot better, and I appreciate that. This is my first speech virtually in a while, and I am thankful that all members have been accommodated so we can work together. I cannot participate from the unceded traditional territories of the Hupacasath and shíshálh people. I am on Nuu-chah-nulth territory.
I talk about being from Nuu-chah-nulth territory. This is a region that has also been in court, the Ahousaht et al. decision. The reason I bring that forward is that they have been to court. In 2009, the Supreme Court sided with them on their right to catch and sell fish. Nine years later, after constant repeated appeals by the Conservative and Liberal governments, which did everything they could to stonewall, Judge Garson, the judge at the time, said:
Overall, however, Canada through DFO has the responsibility to represent the honour of the Crown. The lack of a mandate and Ottawa’s stonewalling of suggestions for advancing the development of a right-based fishery are significant factors in the failure of the process to move forward. Ottawa failed to allow the Regional staff to engage meaningfully and wholeheartedly in the Negotiations, at least until the Supreme Court of Canada refused leave the second time. As the plaintiffs repeatedly pointed out, there is no evidence before the court of any engagement by Ottawa staff on this fishery, other than the occasional signature on a Briefing Note, and reference to one meeting with a ministerial assistant which was not coordinated with local managers.
This is what Judge Garson stated about the Ahousaht Indian Band and Nation v. Canada in 2018. That is just an example of the minister sending her negotiators to the table, knowingly empty-handed, to deal with it. Whether it be Marshall, Sparrow, Gladstone or Ahousaht, these court cases that protect treaty and aboriginal rights, the government constantly sends its negotiators to the table empty-handed. This is affirmed by Judge Garson. What we need is the government to come to the table with a mandate to negotiate so that first nations can assert their rights, and the government needs to accommodate those rights.
These indigenous communities, whether it be the Sipekne'katik, the Ahousaht or these other nations, are in these conflicts in the courts, which are costing taxpayers millions and millions of dollars fighting them, instead of getting them out on the water fishing, where they want to be, alongside the commercial fishers, so that they can feed their families. Instead, the government is fighting them every step of the way, knowingly. They need to be able to go out on the water and fish and be safe in exercising their rights.
Today, we are asking the government to provide that safety and to come to that table with a meaningful mandate for justice, so that those perpetrators of the violence that took place in Mi'kmaq territory are held to account. We have been asking for the government to provide security and safety to the people of those communities, in support of Chief Sack and his community. Instead, we keep getting lip service from the government. I am so appalled at the delays from the government in the response. It is a miracle that nobody has died as a result of the inaction.
We have heard the government say the RCMP will be enforcing and supporting with protection, but when we talk to people from the RCMP, they say that the DFO is responsible on the water. We talked to people from the Department of Fisheries and Oceans, and they say that they are not equipped and prepared to protect fishers on the water and that it is RCMP. These gaps need to be clarified tonight. We are looking for answers. These communities are looking for answers.
The indigenous services minister said that we were let down by police and threw the RCMP under the bus, but no, Canada was let down by that minister, the cabinet, the Prime Minister of Canada and the Government of Canada. He cannot absolve responsibility and just download it onto the RCMP or other departments. His responsibility is to provide federal support so that first nations have the safety to implement and exercise their constitutionally and treaty-protected rights. I am appalled.
This is also an issue of international concern. Article 20 of the United Nations Declaration on the Rights of Indigenous Peoples states, “1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.” This has not been upheld. Canada should be ashamed.
We want to know what the plan is. We have been asking for weeks. The nation has been asking for weeks. We want a commitment from the government that they will come to the table with a meaningful mandate to accommodate their right to a moderate fishery. We want to know the government is going to come to the table with a meaningful mandate for the other cases that are before the Government of Canada in all indigenous rights, so that they are not being subjected to these violations of the United Nations declaration and international law, never mind violations of the Constitution of Canada.
I hope the government comes to the table quickly so that we can heal as a country and come together and fish alongside each other and support this moderate livelihood through and through.