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Lobster Tales: How the Mi’kmaq First Nations came out on top of the Nova Scotia Lobster Dispute

By Emma MacFarlane

The tale of fishing disputes in Nova Scotia dates back to the early 1990s, when Donald Marshal Jr. was charged with illegal catching and selling of eels in Cape Breton. By 1999, Marshal had appealed his decision all the way to the Supreme Court, citing a 250-year-old treaty that ensured his right to fish anytime, anywhere, so long as it was in order to support himself and his family. The court agreed with this ruling, and Marshall was acquitted. The court, however, came back to clarify that their ruling meant that Marshal could only fish to provide a “moderate living” and could not fish to accumulate mass amounts of wealth. According to legal experts, this clarification was a call to action for the federal and provincial governments to create policy to protect Indigenous rights and prevent issues such as this one from arising again, however no policies or practices were implemented to form a sustainable solution.

This lack of action allowed Indigenous fishermen to take matters into their own hands. In September of 2020, after Ashton Bernard was charged for fishing and selling lobster in a similar fashion to Marshal, the Sipekne’katik First Nation opened a livelihood lobster fishery in order to protect themselves from the scrutiny of commercial fishermen. Commercial fishermen highlighted environmental and livelihood concerns should the First Nations overfish the waters. In recent years, lobster fishing has become and extremely lucrative market, and it seemed that commercial fishermen were unhappy they would be sharing the waters and profits with Indigenous fishermen.

The claws came out on October 12th, 2020 when well over 200 commercial fishermen and their associates vandalized and burgled two separate facilities where First Nation fishermen had been storing their lobster hauls and fishing supplies. Fires, threats, and theft were the weapons of choice by commercial fishermen, and the “environmental concerns” they had voiced when originally confronting the Mi’kmaq fishermen seemed moot, as hundreds of pounds of live, sellable lobster were dumped onto the pavement to meet a cold end. As of November 14th, 2020, the RCMP has only made a handful of arrests and laid even fewer actual charges. Furthermore, they have not confirmed whether the arrests are related to the incident itself, despite video and eye-witness evidence. This lack of action on the part of RCMP has been publicly criticized by Chief Sack of the Sip’knekatik First Nation, who has had to instead pursue civil lawsuits against individuals who partook in the vandalism of the fisheries.

With the threatening and intimidating behaviour of commercial fishermen and little assistance from authority or government, the Indigenous fishermen of Nova Scotia needed a creative solution for peace, and fast. Enter Premium Brands Holdings Corporation. Partnering with several Mi’kmaq First Nations, they structured a $1billion dollar deal to purchase Clearwater Seafoods Inc. This is the largest seafood purchase by a Canadian Indigenous group in history and will likely be marked as a pillar for change and cooperation between Indigenous and commercial fishermen. Upon completion of this deal, this partnership will give Mi’kmaq fishermen sole holding rights Canadian Clearwater’s fishing licenses.

This is a major win for Indigenous fishermen, and for First Nations across Canada. This collaboration will hopefully encourage collaboration with commercial and First Nation fishermen, otherwise they will likely see a drop in their sales and livelihood. Without violence or force, the First Nations are now able to turn the tables in their favour in the lobster fishing industry. Clearly, this is a fantastic example of triumph over those who would continue to oppress Indigenous rights and is a step in the direction of independence and self-sufficiency for First Nations. Only time will tell how this victory plays out for them.

Despite this victory, there is still a need for government intervention. The Mi’kmaq establishing themselves as a major player in the lobster fishing industry should be a wakeup call to the federal government to play a much more active role in issues such as this one, to prevent them from reoccurring and alleviating the pressure First Nation’s face when having to solve these issues. In order to promote peaceful collaboration between commercial and First Nation fishermen, policies and attitudes must be adjusted. Further policy is needed to outline the actual meaning of a “moderate livelihood” and the “mass accumulation of wealth” on the part of Indigenous fishermen. Furthermore, the provincial and federal government must be tasked with achieving a balance between Indigenous fishing rights and sustainable fishing policies to be applied to all fishermen. Finally, an inquiry should be launched to examine RCMP practices when acts of targeted violence such as the vandalism in October occur, and examine why it was necessary for the First Nations to take settlement matters into their own hands. Though these processes may be a long and tedious process, it will be undoubtedly shorter than the decades that the parties involved have gone without substantial policy on the subject.

Public Opinion on School Board Trustees in the Early 1990s

By: Jennifer Peers

The school board trustee is a locally elected member of the public and advocate for education. While people vaguely know what a school board trustee is, most may not realize the amount of influence that these individuals have in decisions related to schools. Some of the responsibilities of a school board trustee include assisting in the development of the school’s strategic plans, holding the school accountable to its strategic plans, helping to determine the allocation of resources and creating goals for student’s wellbeing and academic achievement.

We collected nine Canadian survey questions from 1993 to 1997 on the topic of school board trustees. The survey questions and corresponding data have been shared on Open ICPSR for those interested in the data. One of the conclusions that can be made based on the collected data, is that the issue of whether to have school board trustees is divisive. For instance, respondents were asked if they think schools should continue to be governed by school board trustees or whether they should be governed by a volunteer or unpaid council of parents and community members who are elected by an annual meeting of local residents? The results of this survey for 1993 and 1995 show that respondents were closely split on this issue

Question: In most places in Canada, schools are governed by school board trustees who are elected by local voters in regularly scheduled elections. Do you think that schools should continue to be governed this way or would you prefer schools to be governed by a volunteer, unpaid council of parents and community members, who are elected in much the same way as ratepayer executives, that is, by those who attend an annual meeting of local residents?
Answer Options:  1993 n=2001  1995 n=2037
Continue to be governed by elected school trustees47%45%
Governed by volunteer, unpaid council of parents and community members42%45%
Don’t know/Not applicable11%10%

The consistent split between the two years is evidence that there is a number of people who want to continue to have the school board trustee position and a relatively similar number of people who would prefer for schools to have an elected volunteer council made up of parents and community members. The findings from this survey also correlate with a survey question asking the respondents if they feel their school board trustee does a good job or poor job of representing their interests on education issues. The results of this survey were not as equally split but reflect a division amongst people on the issue of school board trustees with 58.9% of respondents saying they do a good job and 41.1% saying they do a poor job.

Like the public servant, the school board trustee is growing increasingly subject to scrutiny, as the public has begun to demand more accountability and transparency. A simple scan of the recent news is evidence of that fact, with multiple school board trustees resigning or being removed from their position for issues such as racial discrimination. As these conversations continue to be had, it will be interesting to see if the issue of whether to have school board trustees continues to be divisive.

Compiling Research to Find the Ethical Investor

By Lindsay Mewhiney & Monika Nawrocki

Over the past six weeks, we worked to develop an annotated bibliography examining what the academic literature says about ‘ethical investing’. For this research, we partnered with Union: Sustainable Development Co-operative, who seeks to apply our result to support the organization’s efforts to buy and manage multi-unit residential and commercial properties for the environmental, social, and economic benefit of Waterloo Region. This research attempt to answer the questions of “why do people invest in ethical investments?” and “who is likely to invest in impact/ethical investments?”. By answering these questions, future projects will be able to utilize this research to more effectively market ethical investment products and identify potential consumers.

After consulting with Sean Campbell of Union: Sustainable Development Co-operative and Anthony Piscitelli of Conestoga College, we searched databases with a list of key terms and added relevant sources into our document. After further analyzing sources, we wrote annotated bibliographies for a total of 39 sources to provide a concise summary of each source and its practical implications for research regarding ethical investing and understanding investor motivations. 

The research we conducted primarily discusses ethical investor motivations, investor profiles, and how ethical investment marketing and communication materials for consumers can be improved to increase rates of ethical investing. This compiled research will contribute to future projects with the goal of improving economic, social, and environmental health in the community, carried out by Union: Sustainable Development Co-operative and partner organizations.

The annotated bibliography can be found here:

https://threehundredthirtyeight.com/wp-content/uploads/2020/07/Ethical-Investments-Annotated-Bibliography.pdf