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Originally Posted by Makarov
Its probably worth noting that the federal Department of Fisheries and Oceans would have exactly zero authority to regulate those waters (and indeed many if not all of those non-indigenous fisherman would not live in Nova Scotia) if not for the Crown entering into the treaties which guaranteed the MI'kmaq people certain perpetual fishing and hunting rights in exchange for ceding their traditional terrirtories.
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You are correct, and that's the issue at hand.
The Mi'kmaw side
https://www.aptnnews.ca/national-new...ishing-rights/
Basically the premise is: they are a sovereign nation and can do what they want.
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Most Mi’kmaq, and Wolastoq bands in the Atlantic region signed commercial fishing deals after the Marshall decision – but Moderate Livelihood has never been defined.
A Moderate Livelihood is supposed to allow a Mi’kmaw individual to make a living off resources. As a sovereign nation on unceded territory, the Mi’kmaw have jurisdiction and that is the basis to make their own rules for their fishery and that is what they’re asserting right now.
The Food, Social and Ceremonial fishery allows that catch to be eaten or used in ceremony – but it can’t be sold.
Canada has rules for FSC and Commercial – but Mi’kmaw want a third fishery – but there are no rules for it so they’re making their own.
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The problem is because fishing is heavily restricted, this causes a case of two competing factions with one side having no restrictions.
That's why it's such a touchy subject, when you have 'countries' within countries. Middling weak government's failure to act one way or another and kick the can down the road (as we saw with the blockades which resolved nothing with Trudeau's weak handling of the situation) causing situations like the vigilantism that just occurred. Mi'kmaw took matters in their own hands feeling government was doing nothing, and the non-aboriginal fisherman took matters in their own hands.
Obviously going out with pitchforks isn't an answer, but to those fisherman who weren't alive 260 years ago this is felt like an injustice. At the same time, the Mi'kmaw are legally correct but governments hate to govern, so here we are. Government generated racism.