Burnt Church Crisis
Encyclopedia
The Burnt Church Crisis was a conflict in Canada
between the Mi'kmaq people of the Burnt Church First Nation
and non-Aboriginal New Brunswick
fisheries
, from 1999 to 2001. Natives and non-Natives of the area prior to this crisis had a long history of living peacefully together and helping each other. When the British took over control of the area, the Mi'kmaq people helped to hide the many Acadian settlers that remained in the area from the British troops. Further when the Mi'kmaq people faced starvation the settlers provided food for them and also advocated for them to the government. The area is impoverished and heavily reliant on government transfers for survival. Being able to fish for lobster and sell their catch would allow the Native people an opportunity to earn an income and not rely on government support for their livelihood.
out of season. The non-Aboriginals claim that if this is allowed lobster stocks (an important source of income) could be depleted
.
In September 1999, a Supreme Court of Canada
ruling (R. v. Marshall
) acknowledged that Treaty of 1752 and the Treaty of 1760-1761 held that a Mi'kmaq man, Donald Marshall, Jr.
, had the legal right to fish for eels out of season. The Supreme Court emphasized the Indigenous people's right to establish a ‘moderate livelihood’, in modern day standards, through trade and the use of resources to obtain trade items.
The Burnt Church First Nation interpreted the judgment as meaning that they could catch lobster out of season and began to put out traps. When the Marshall ruling came down in 1999 and the Native people decided to exercise their right to fish for a 'moderate livelihood', the government was not prepared to deal with rights guaranteed in the Court's decision. The government started a program of buying back licenses from non-Native fishermen to give them to Native people.
s in the weeks to come. Local Mi'kmaq retaliated and conflicts ensued in the following nights, with both parties suffering injuries and damaged property.
Government Minister Herb Dhaliwal
and the Department of Fisheries and Oceans
managed to sign fishing agreements with 29 of 34 Atlantic Coast bands but the Burnt Church First Nation
was not convinced. The Canadian Government
ordered the Mi'kmaq to reduce the total number of lobster trap
s used, leaving members of the Burnt Church First Nation
with a total of 40 traps for the whole community. Some Mi'kmaq resisted this, claiming that they already have conservation
methods in place to ensure the lobster stock would not be depleted off the Atlantic coast
.
In 2000 and 2001, rising conflict led to a series of standoffs between the Royal Canadian Mounted Police
and First Nations people
, and a number of arrests were made. The federal government
offered to pay for a $2 million fishing wharf and five new fishing boats for the Mi'kmaq. The Natives rejected the offer, believing it could be interpreted as a surrender of their legal fishing rights. After the Mi'kmaq refused this offer the Department of Fisheries and Oceans boats became more aggressive with their attempts to prevent the Native fishers from setting traps on the waters of the Miramichi Bay. They resorted to using their boats to run over the Natives' small fishing boats forcing the unarmed Natives into the water. The intervention efforts cost over $15 million dollars for the Federal Government, not including ensuing legal costs.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
between the Mi'kmaq people of the Burnt Church First Nation
Burnt Church First Nation
Burnt Church Band or Burnt Church First Nation is a Mi'kmaq First Nation in New Brunswick, Canada, centred south of the community of Lagacéville and southwest of the village of Neguac on Miramichi Bay...
and non-Aboriginal New Brunswick
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
fisheries
Fishery
Generally, a fishery is an entity engaged in raising or harvesting fish which is determined by some authority to be a fishery. According to the FAO, a fishery is typically defined in terms of the "people involved, species or type of fish, area of water or seabed, method of fishing, class of boats,...
, from 1999 to 2001. Natives and non-Natives of the area prior to this crisis had a long history of living peacefully together and helping each other. When the British took over control of the area, the Mi'kmaq people helped to hide the many Acadian settlers that remained in the area from the British troops. Further when the Mi'kmaq people faced starvation the settlers provided food for them and also advocated for them to the government. The area is impoverished and heavily reliant on government transfers for survival. Being able to fish for lobster and sell their catch would allow the Native people an opportunity to earn an income and not rely on government support for their livelihood.
Supreme Court ruling
As Indigenous people, Mi'kmaq claim the right to catch and sell lobsterLobster
Clawed lobsters comprise a family of large marine crustaceans. Highly prized as seafood, lobsters are economically important, and are often one of the most profitable commodities in coastal areas they populate.Though several groups of crustaceans are known as lobsters, the clawed lobsters are most...
out of season. The non-Aboriginals claim that if this is allowed lobster stocks (an important source of income) could be depleted
Overfishing
Overfishing occurs when fishing activities reduce fish stocks below an acceptable level. This can occur in any body of water from a pond to the oceans....
.
In September 1999, a Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
ruling (R. v. Marshall
R. v. Marshall
R. v. Marshall [1999] 3 S.C.R. 456 and R. v. Marshall [1999] 3 S.C.R. 533 are two decisions given by the Supreme Court of Canada on a single case regarding a treaty right to fish.-Decisions:...
) acknowledged that Treaty of 1752 and the Treaty of 1760-1761 held that a Mi'kmaq man, Donald Marshall, Jr.
Donald Marshall, Jr.
Donald Marshall, Jr. was a Mi'kmaq man who was wrongly convicted of murder. The case inspired a number of disturbing questions about the fairness of the Canadian justice system, especially given that Marshall was an Aboriginal; as the Canadian Broadcasting Corporation put it, "The name Donald...
, had the legal right to fish for eels out of season. The Supreme Court emphasized the Indigenous people's right to establish a ‘moderate livelihood’, in modern day standards, through trade and the use of resources to obtain trade items.
The Burnt Church First Nation interpreted the judgment as meaning that they could catch lobster out of season and began to put out traps. When the Marshall ruling came down in 1999 and the Native people decided to exercise their right to fish for a 'moderate livelihood', the government was not prepared to deal with rights guaranteed in the Court's decision. The government started a program of buying back licenses from non-Native fishermen to give them to Native people.
Crisis
Angry non-Aboriginals damaged and destroyed thousands of Mi'kmaq lobster trapLobster trap
Not to be confused with Lobster-tailed potA lobster trap or lobster pot is a portable trap that traps lobsters or crayfish and is used in lobster fishing. A lobster trap can hold several lobsters. Lobster traps are constructed of wire and wood. An opening permits the lobster to enter a tunnel of...
s in the weeks to come. Local Mi'kmaq retaliated and conflicts ensued in the following nights, with both parties suffering injuries and damaged property.
Government Minister Herb Dhaliwal
Herb Dhaliwal
Harbance Singh Dhaliwal, PC is a Canadian politician.Born to a Sikh family in Punjab, India, Dhaliwal's family immigrated to Vancouver when he was six. He attended John Oliver Secondary School, graduating in 1972...
and the Department of Fisheries and Oceans
Fisheries and Oceans Canada
Fisheries and Oceans Canada, frequently referred to as DFO , is the department within the government of Canada that is responsible for developing and implementing policies and programs in support of Canada's economic, ecological and scientific interests in oceans and inland waters...
managed to sign fishing agreements with 29 of 34 Atlantic Coast bands but the Burnt Church First Nation
Burnt Church First Nation
Burnt Church Band or Burnt Church First Nation is a Mi'kmaq First Nation in New Brunswick, Canada, centred south of the community of Lagacéville and southwest of the village of Neguac on Miramichi Bay...
was not convinced. The Canadian Government
Politics of Canada
The politics of Canada function within a framework of parliamentary democracy and a federal system of parliamentary government with strong democratic traditions. Canada is a constitutional monarchy, in which the Monarch is head of state...
ordered the Mi'kmaq to reduce the total number of lobster trap
Lobster trap
Not to be confused with Lobster-tailed potA lobster trap or lobster pot is a portable trap that traps lobsters or crayfish and is used in lobster fishing. A lobster trap can hold several lobsters. Lobster traps are constructed of wire and wood. An opening permits the lobster to enter a tunnel of...
s used, leaving members of the Burnt Church First Nation
Burnt Church First Nation
Burnt Church Band or Burnt Church First Nation is a Mi'kmaq First Nation in New Brunswick, Canada, centred south of the community of Lagacéville and southwest of the village of Neguac on Miramichi Bay...
with a total of 40 traps for the whole community. Some Mi'kmaq resisted this, claiming that they already have conservation
Marine conservation
Marine conservation, also known as marine resources conservation, is the protection and preservation of ecosystems in oceans and seas. Marine conservation focuses on limiting human-caused damage to marine ecosystems, and on restoring damaged marine ecosystems...
methods in place to ensure the lobster stock would not be depleted off the Atlantic coast
Atlantic Coast
The Atlantic Coast is any coast fronting the Atlantic Ocean. The term differentiates the coasts of countries or continents with coastlines on more than one body of water, such as North America, South America, Africa and Europe.-See also:*Indian Ocean...
.
In 2000 and 2001, rising conflict led to a series of standoffs between the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
and First Nations people
First Nations
First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...
, and a number of arrests were made. The federal government
Politics of Canada
The politics of Canada function within a framework of parliamentary democracy and a federal system of parliamentary government with strong democratic traditions. Canada is a constitutional monarchy, in which the Monarch is head of state...
offered to pay for a $2 million fishing wharf and five new fishing boats for the Mi'kmaq. The Natives rejected the offer, believing it could be interpreted as a surrender of their legal fishing rights. After the Mi'kmaq refused this offer the Department of Fisheries and Oceans boats became more aggressive with their attempts to prevent the Native fishers from setting traps on the waters of the Miramichi Bay. They resorted to using their boats to run over the Natives' small fishing boats forcing the unarmed Natives into the water. The intervention efforts cost over $15 million dollars for the Federal Government, not including ensuing legal costs.
Report
In April 2002, a Federal report on the crisis suggested a number of police charges to be dropped and that fishermen should be compensated for damaged traps and boats. It also recommended, however, that First Nations fishermen should be allowed to fish only in season and that they should attain fishing licenses like non-aboriginal fishermen.Agreement in Principle
The crisis concluded when an Agreement in Principle was signed with the Burnt Church community that allowed them the right to fish for subsistence purposes while it denied them the right to catch and sell the lobster.See also
- Oka CrisisOka CrisisThe Oka Crisis was a land dispute between a group of Mohawk people and the town of Oka, Quebec, Canada which began on July 11, 1990 and lasted until September 26, 1990. At least one person died as a result...
- Ipperwash CrisisIpperwash CrisisThe Ipperwash Crisis was an Indigenous land dispute that took place in Ipperwash Provincial Park, Ontario in 1995. Several members of the Stoney Point Ojibway band occupied the park in order to assert their claim to nearby land which had been expropriated from them during World War II...
- Gustafsen Lake StandoffGustafsen Lake StandoffThe Gustafsen Lake Standoff was an indigenous land dispute involving members of the Secwepemc nation and members of other indigenous groups in British Columbia, Canada which began on June 15, 1995, and lasted until September 17, 1995.-The Standoff begins:...
- Caledonia Land DisputeCaledonia land disputeThe current Grand River land dispute came to wide attention in Canada on February 28, 2006. On that date, protesters from the Six Nations of the Grand River began a demonstration to raise awareness about First Nation land claims in Ontario, Canada...
External links
- Canada in the Making - Aboriginal Political Agitation
- The Marshall decision, CBCCanadian Broadcasting CorporationThe Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
, May 9, 2004 - Burnt Church to vote on interim fishing deal, CBCCanadian Broadcasting CorporationThe Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
, Aug 8, 2000 - Dhaliwal takes tough line with Burnt Church protesters, CBCCanadian Broadcasting CorporationThe Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
, November 10, 2000 - Is the Crown at war with us? an NFB documentary on the Burnt Church Crisis