441-02570 (Indigenous affairs)

The Government of Canada is committed to advancing reconciliation, and renewing the relationships with Indigenous peoples, based on the recognition of rights, respect, cooperation and partnership. Moreover, the Government of Canada recognizes and works to implement Aboriginal and treaty rights, recognized and affirmed under Section 35 of the Constitution Act, 1982, in the United Nations Declaration on the Rights of Indigenous Peoples Act, and in the Principles Respecting the Government of Canada’s Relationship with Indigenous peoples.

Over the past 25 years, in recognition of the Treaty right to fish in pursuit of a moderate livelihood, Fisheries and Oceans Canada (DFO) has worked with the Mi’kmaq and Wolastoqey First Nations as well as the Peskotomuhkati Nation at Skutik (referred to as Treaty Nations) in Nova Scotia, New Brunswick, Prince Edward Island, and the Gaspé region of Quebec to increase Indigenous participation in the fisheries and to support the exercise of their rights. This has included programs such as the Marshall Response Initiative and the Atlantic Integrated Commercial Fisheries Initiative which have provided over $630 million in funding to Treaty Nations. These initiatives have supported these communities by increasing their capacity to establish and expand their commercial fishing enterprises which have generated over $170 million in annual landings as well as over $100 million in secondary economic benefits.

DFO works with Treaty Nations to uphold their Treaty rights, advance reconciliation, and protect fishery resources for the benefit of all through an array of collaborative arrangements, understandings, and nation-to- nation agreements. For example, in 2017, the Department began negotiations of Rights Reconciliation Agreements (RRAs), which led to the conclusion of seven RRAs with 15 Treaty Nations. Furthermore, since 2021, DFO has reached 20 Moderate Livelihood Fishing Plan understandings with 15 Treaty Nations for three species across New Brunswick, Prince Edward Island, and the Gaspé region of Quebec.

DFO issues licences to communities and negotiates with the leadership of Treaty Nations, who are the elected representatives of their communities. The needs and interests of each community are unique and it is generally up to the leadership of each Treaty Nation to determine who will fish under the communal licences issued by DFO to the Treaty Nation and how the proceeds from the fishery are distributed within the community.

The Department recognizes that there is more work to do and will continue to work with Treaty Nations to further implement the treaty right to fish in pursuit of a moderate livelihood and, where feasible, work to implement their visions and interests of the right. This work will be guided by three key principles: implementation of Treaty rights, conservation and sustainability of fish stocks, and transparent and stable management of the fishery. DFO’s goal is a fishery that is peaceful, productive, and prosperous for all, upholds the Marshall decisions, and ensures that Treaty Nations are able to exercise Treaty rights.