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When the Supreme Court of Canada rendered the Marshall decision in 1999, the court encouraged the federal government and First Nations to address the decision through negotiations if at all possible.
Following the Marshall decision, the Department of Fisheries and Oceans (DFO) initiated a Marshall Response Initiative to provide the 34 Mi’kmaq and Maliseet First Nations in the Maritimes and the Gaspé region of Quebec that were potentially affected by the decision with increased access to the commercial fishery on an immediate basis.
Since then, many affected First Nations have made dramatic progress in increasing their participation in the fishery. The relationships between Aboriginal and non-Aboriginal commercial fishers have improved and First Nations communities have derived a number of benefits as a result of their greater involvement in the fishery. The Marshall Response Initiative has laid the foundation for a brighter future and given First Nations communities tools to help achieve greater economic prosperity and improve their quality of life.
Signing of Fisheries Agreements
Most of the First Nation communities affected by the Marshall decision have reached agreements with DFO. One-year fisheries agreements were successfully negotiated with 30 of the 34 First Nations in the year after the Marshall decision.
Currently, 29 First Nations have reached multi-year fisheries agreements with DFO under the Marshall Response Initiative. The Federal Fisheries Negotiator will continue to negotiate agreements until the end of his mandate, which is March 31, 2004. The term of fisheries agreements can be until March 31, 2006.
Increasing First Nations Participation in the Fishery
First Nations have obtained access to more than 410 fishing enterprises under the fisheries agreements reached with DFO. In many cases, the enterprises have licences to fish several species.
Improved Relationships
The increase in Aboriginal participation has taken place with minimal disruption in the fishery. Acceptance of the presence of First Nations in the commercial fishery is continuing to grow. Aboriginal and non-Aboriginal people are fishing side-by-side and there has been a strengthening of relationships and increased collaboration between First Nations and non-Aboriginal fishers.
In addition, a pilot program to provide mentoring support has increased understanding between Aboriginal and non-Aboriginal fishers as they work together to transfer skills and knowledge to new Aboriginal entrants in the fishery.
Furthermore, the process of negotiating fisheries agreements and of working together has led to better understanding and communication between First Nations and DFO. As a result, First Nations are participating more fully in DFO decision-making processes and sharing their views with industry and DFO about resource management issues.
While progress is evident, efforts are still required to foster these relationships, which contribute to successfully managing an orderly fishery.
Improvements for First Nation Communities
Making a living at fishing has become a viable choice since 1999 for individuals in affected First Nations communities, where there were typically few jobs available. The Marshall Response Initiative has created hundreds of jobs in a sector that is culturally relevant to the history of the Mi’kmaq and Maliseet First Nations. More than 1,250 jobs have been created directly in the harvesting of the resource. In addition, hundreds of other jobs that support fishing activity have been created. Many individuals are now involved in activities ranging from boat repair to supply services to the management and operation of fishing enterprises. In addition, hundreds of jobs have been created in science and habitat management.
These jobs mean hope for a long-lasting income and less dependence on social transfers. They also mean hope for a brightening future for young people who may now become fishers, mechanics, scientists, administrators or entrepreneurs.
Some First Nation communities have also made progress in developing other fishery-related business opportunities, such as recreational fishing facilities, and eco-tourism initiatives. Other First Nations communities are investing fishery profits in housing, infrastructure and other social priorities for their communities that will ultimately improve the quality of life for their members.
There is also a new sense of pride and accomplishment in the communities involved. Although the current evidence is anecdotal, First Nations speak of progress that goes beyond the fishery in some communities. Success has meant that new leaders are emerging. One community reports that the crime rate among young Aboriginals has dropped in recent years and both the local police detachment and the community state that this is attributable to job creation in the fishery and related activities resulting from the Marshall Response Initiative.
The full impact of the Marshall Response Initiative will likely take decades to be felt. The benefits to date for First Nations and their community members have been significant in laying the foundation for a greater economic self-reliance and greater well-being.
Building Capacity
Many First Nations affected by the Marshall decision had limited experience in the commercial fishery. Over the past four years, First Nations have acquired significant skills in all aspects related to the harvesting and management of the resource.
Under fisheries agreements reached in response to the Marshall decision, DFO has invested $24.2 million to provide basic skills training related to harvesting the resource, vessel maintenance, and science and fisheries management. More than 2,000 Aboriginal people will have received basic training in navigation and safety skills to become deckhands or vessel captains or in trap making, vessel and gear maintenance, and in basic administration. This investment has permitted individuals to take advantage of the new job opportunities.
In addition, DFO has invested $4.7 million in two pilot programs in the past three years. As part of the First Nations Fisheries Mentor Training and Certification program carried out from 2001 through 2003, more than 80 First Nations mentors (experienced fishers) were certified and 300 new entrants from 21 First Nations communities were trained and certified as deckhands and captains.
Last year, a Pilot Mentor Deployment Program was introduced to provide hands-on at-sea experience to Aboriginal fishers. Under this initiative, 375 inshore and mid-shore fishers in 21 communities are expected to be trained by the end of March 2004. This initiative has been supported by experienced Aboriginal and non-Aboriginal commercial fishers who are helping to transfer technical know-how by providing practical hands-on training for deckhands and skippers on safety at sea, basic seamanship, fishing skills, wheelhouse duties, fish search, and other fish-related harvesting skills during the fishing season.
Learning to fish effectively in the mid-shore fisheries such as those for snow crab, shrimp or lobster can take eight to 10 years. It is therefore understandable that First Nations need time to develop their skills. While there has been significant progress, it will take a number of years for First Nation fishers to master the required skills to fish successfully. A First Nation representative summed up the state of progress very well when he observed: "before we can run, we must learn to walk…"
Preliminary results in 2003 from a survey of nine First Nation communities indicate that the catches of First Nation fishers have been lower than their full potential and that Aboriginal fishers are not fishing all the species for which they have access. There is a need to promote a diversified fishery to lessen their concentration on the lobster and snow crab fisheries. More needs to be done to assist First Nations to take advantage of all the licences provided and fully participate in the industry.
Another key element to be successful and to run a self-sustaining fishery is a solid fisheries operations management capacity. In the last four years, while First Nations have been mastering fishing skills, they have also had to learn how to manage complex fishery operations. This requires new structures, skills and practices to manage fishery operations, and establish rules on how to ensure benefits from the fishery are shared by the community. First Nations require additional support over the coming years to acquire the expertise to manage their fisheries operations, maintain and replace vessels, gear and other assets for the benefit of fishers and the community. There is a related need for greater accountability to the community relating to fisheries operations. Establishing this base is key to ensuring the success of fisheries and other economic enterprises.
Conclusion
While involvement in the fishery is not the answer to all the economic and social challenges facing the communities affected by the Marshall decision, it has laid the foundation for greater economic self- reliance and a better quality of life for many First Nations in the Maritimes and in the Gaspé region of Québec.
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