News from Esgenoôpetitj
Burnt Church

• Upholding the Rule of Law at Burnt Church
  
• Burnt Church Fishery
  
• Support for Burnt Church to include Security Council
  
• Fisheries Conflict in Burnt Church
  
• Rant on Burnt Church
  
• Disparities in Law and Power
  
• Warrior fund- Burnt Church
  
• The Burnt Church Support Site
  
• Draft for the Esgenoopotitj First Nation (EFN) Fishery Act
  

Subject: Urgent Action
Urgent Action - Treaty Rights violated by Department of Fisheries and Oceans
On May 9th, the Department of Fisheries and Oceans (DFO) confiscated 9 traps that had been placed by women from the Esgenoôpetitj (BurntChurch) First Nation, who were using tags issued under the Esgenoôpetit Fisheries Policy and Fisheries Management Plan. The DFO confiscated the traps at 5:15 in the morning, just before daybreak. As well as the DFO boat, a Coast Guard boat and a RCMP vehicle were on the scene. A lone ARC observer was on watch and, from the shore, witnessed the DFO activity. She noted that the DFO was not using lights and approached the traps very quietly.

A few days before this event, Brian Bartibogue, a Band Councillor, was intercepted by DFO as he attempted to place his traps in the water. His traps were seized before he had a chance to put them in the water. Since then other Esgenoôpetitj community members have attempted to fish using "treaty tags". DFO continues to confiscate the traps. Through putting traps in the water, the First Nation community in Esgenoôpetitj is exercising the Treaty Right to make a moderate livelihood from fishing, hunting and gathering as confirmed by the recent Marshall Decision of the Supreme Court of Canada.

We believe that the actions of DFO are illegal. The Canadian Constitution entrenches Aboriginal and Treaty Rights within Canadian law and the Marshall decision gives the Government of Canada the right to regulate only for conservation purposes or for substantial public objectives such as economic fairness. Given that the Esgenoôpetitj Fisheries Policy addresses conservation issues and that other substantial public objectives have not been raised as a concern by DFO, they would be in a difficult position to justify the current harassment of the Esgenoôpetitj fishing effort in a Canadian court of law.

Please write letters calling upon the Government of Canada and the Department of Fisheries and Oceans to co-operate with the Mi'Kmaq First Nation community in Esgenoôpetitj and asking that the Department of Fisheries and Oceans recognize the legitimacy of tags issued by the Esgenoôpetitj Band.

Please send letters to:
Right Hon. Jean Chrétien
Prime Minister

Your own Member of Parliament
Hon. Herb Dhaliwal
Minister of Fisheries and Oceans
Fax: (613) 995-2962

Opposition critics:
Canadian Alliance critic: John Cummins
Bloc Québécois critic: Yvan Bernier
New Democratic Party critic: Peter Stoffer
Progressive Conservative critic: Gerald Keddy

Hon. Anne McLellan
Minister of Justice and Attorney General of Canada
Fax: (613) 943-0044

Opposition critics:
Canadian Alliance critic: John Reynolds
Bloc Québécois critic: Michel Bellehumeur
New Democratic Party critic: Peter Mancini
Progressive Conservative critic: Peter McKay
New Democratic Party critic: Louise Hardy

Hon. Robert Nault
Minister of Indian Affairs and Northern Development
Fax: (613) 996-1759

Opposition critics:
Canadian Alliance critic: Michael Scott.
Bloc Québécois critic: Claude Bachand
New Democratic Party critic: Louise Hardy
Progressive Conservative critic: Gerald Keddy

Please note that some critics have more than one portfolio. They only need one letter. The following address can be used for all of the above, free of charge:

House of Commons
Parliament Buildings
Ottawa, Ontario
K1A 0A6

Also please send letters to

Fisheries and Oceans Canada
Regional Director General
Marine House 176, Portland St.
PO Box: PO Box 1035
Dartmouth, Nova Scotia
B2Y 4T3
Fax: (902) 426-3479

Background

In September, 1999, the Supreme Court of Canada affirmed the Treaty Right of Aboriginal peoples to participate in the fisheries, in the Marshall Decision. In October, the people of Esgenoôpetitj attempted to exercise their treaty rights by fishing for lobster. Non-native fishermen cut lines and destroyed $210,000 worth of traps belonging to the people of Esgenoôpetitj. The DFO and RCMP took no action to prevent destruction of property or violence directed towards people. Following the clarification of the Marshall Decision, written by the judges holding the minority position, DFO made a decision to limit the number of traps and began to confiscate traps.

The situation was tense, with fishermen ramming boats and threatening each other with firearms. One Mi'kmaq man was seriously injured during an altercation. The people of Esgenoôpetitj were afraid and felt very isolated. They asked for non-native observers to be present during the spring fishery. The Aboriginal Rights Coalition and Tatamagouche Centre responded to the request for observers. A group of volunteers have been trained and are present in the community at the invitation of the Chief, and all Band Councillors, as well as individual community members.

ARC - Atlantic (Aboriginal Rights Coalition) is a coalition of churches and individuals working in partnership with Aboriginal peoples and community organizations. The coalition of both native and non-native persons seeks to build alliances and solidarity in the struggle for aboriginal rights and social justice.
Before the fishery this spring, about half of the east coast First Nations signed an agreement with DFO assigning a number of licenses for each band and promising equipment and boats. Esgenoôpetitj declined to sign an agreement, developed its own policy and management plan with a strong focus on conservation, and prepared to fish with "Treaty tags" instead of the DFO tags issued to bands that signed agreements. Several Esgenoôpetitj fishermen accepted DFO tags outside of the community decision, apparently not understanding that by accepting the DFO tags, they could undermine the band position. DFO announced that any seize any traps without DFO tags. The community is still firm in its resolve not to accept the DFO tags, and has been exercising its treaty rights by putting out traps.

Subject: Letters of Support
Greetings to All
As many of You know, a rally on the 29th to support Esgenoôpetitj Fishery and to protest DFO's confiscation of EFN traps, nets, and gear, is in the final stages of planning. We have now understood that many supporters will not be able to attend due to prior commitments to their own annual meetings. We are requesting that those organizations who cannot attend, if they would be willing to send messages/letters of support that could be read to the participants on saturday. Noting that time is short, supporters can either fax or send e-mails to us directly and we will ensure that these messages will be read to the rally.
Our e-mail is:
miigkis@nbnet.nb.ca
Our fax number is:
506 776-5137
We know that there are many of You who would ordinarily come and we understand; we also aware of Your commitment to justice and the fairness that Fisheries situation represents. The rally will be successful because of Your continuing support alone. We will keep You posted on the results.
Be Well, Friends
gk