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RECOMMENDATION 1

In order to move forward with the full implementation of Mi’kmaq, Wolastoqiyik, and Peskotomuhkati rights-based fisheries, the committee recommends the following three-step plan:

1. In the immediate, the committee recommends that the Government of Canada take steps, in cooperation with the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati, to review, and amend or modify as necessary, all relevant laws, regulations, policies, and practices regarding rights-based fisheries to ensure they are in line with Canada’s domestic and international obligations, including the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples.
   
   
2. In the interim, the committee recommends that the Minister of Fisheries, Oceans and the Canadian Coast Guard use section 4.1 of the Fisheries Act to negotiate and enter into nation-to-nation agreements with the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati that will result in true shared decision-making.
   
   
3. As a permanent step, the committee recommends that the Government of Canada introduce new legislation in Parliament, in cooperation with the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati, to create a new legislative framework that will allow for the full implementation of rights-based fisheries.

RECOMMENDATION 2

To create more certainty for both First Nation fishers and non-Indigenous fishers, to reflect the priority of rights-based fisheries, and in light of the failure of the current “buyback” approach, the committee recommends that, to implement rights-based fisheries, the Government of Canada pursue a reallocation approach, rather than the current “buyback” approach. This new approach would reduce the number of traps, or the quota allocated to non-Indigenous fishers, and this access would be transferred to the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati.

RECOMMENDATION 3

The committee recommends that Canada’s response to the United Nations’ Committee on the Elimination of Racial Discrimination (in response to reference: CERD/EWUAP/103rd Session/2021/MJ/CS/ks) be immediately made public in its entirety.

RECOMMENDATION 4

The committee recommends that all federal government departments and agencies immediately take effective actions to address and eliminate institutional and systemic racism in their laws, regulations, policies, and practices.

Specifically, the committee recommends that the Government of Canada work in cooperation with the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati, to appoint an independent panel of experts to produce a report with specific recommendations to address the prevalence of institutional and systemic racism within Fisheries and Oceans Canada, the Royal Canadian Mounted Police and other departments and agencies responsible for the enforcement of Mi’kmaq, Wolastoqiyik, and Peskotomuhkati rights-based fisheries and to describe a plan to address the systemic racism identified. The resulting report should be tabled in both Houses of Parliament no later than one year after the tabling of this report and referred to the Standing Senate Committee on Fisheries and Oceans.

RECOMMENDATION 5

The committee recommends that the Government of Canada in general, and Fisheries and Oceans Canada in particular, respect and truly integrate Indigenous laws, principles and knowledge with other scientific information and data into fisheries decision-making processes, including Netukulimk, Msit No'kmaq (All my Relations) and Etuaptmumk (Two-Eyed Seeing).

The committee further notes that seasonal limits and other restrictions cannot continue to be imposed unilaterally. The Government of Canada must immediately begin to develop conservation measures, in cooperation with the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati, and ensure that Indigenous laws, principles and traditional knowledge are given equal value and legitimacy in implementing rights-based fisheries.

RECOMMENDATION 6

The committee recommends that the Government of Canada provide the Mi’kmaq,Wolastoqiyik, and Peskotomuhkati with the capacity (e.g., financial, legal, policy) they require to negotiate the full implementation of their rights-based fisheries with the Government of Canada.

RECOMMENDATION 7

The committee recommends that the responsibility for negotiating the full implementation of rights-based fisheries be transferred from Fisheries and Oceans Canada to Crown-Indigenous Relations and Northern Affairs Canada. As such, Crown-Indigenous Relations and Northern Affairs Canada would become the lead negotiating department and Fisheries and Oceans Canada would assume an advisory role. The committee further requests that this change be made immediately and no later than one year after the tabling of this report.

RECOMMENDATION 8

The committee strongly recommends that the Government of Canada endorse and fully implement the actions and recommendations of the Federal Special Representative, Allister Surette’s report entitled Implementing the right to fish in pursuit of a moderate livelihood: Rebuilding trust and establishing a constructive path forward, and more specifically, the third recommendation of his report.

RECOMMENDATION 9

In order to move forward and ensure everyone has a strong understanding of rights-based fisheries:

1. The committee recommends that Crown-Indigenous Relations and Northern Affairs Canada, Fisheries and Oceans Canada and the Royal Canadian Mounted Police, in cooperation with the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati, develop tools to engage and educate the public about rights-based fisheries, including where these rights originated, how they have been affirmed, how they are being implemented, and how they differ from other types of fisheries.
   
   
2. The committee recommends that relevant federal departments and agencies, including Crown-Indigenous Relations and Northern Affairs Canada, Fisheries and Oceans Canada and the Royal Canadian Mounted Police, provide effective and ongoing education and training to their employees on the past and present context of Indigenous Peoples in Canada. The committee also recommends that those employees identified as working both directly and indirectly with the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati also be provided with effective and ongoing education and training on rights-based fisheries.

RECOMMENDATION 10

To ensure that this report’s recommendations are fully implemented, the committee requests that the Government of Canada produce progress reviews. These progress reviews would provide updates on the progress departments and agencies, including Crown-Indigenous Relations and Northern Affairs Canada, Fisheries and Oceans Canada and the Royal Canadian Mounted Police, have made towards implementing all the recommendations made by the committee in this report. The Government of Canada should produce progress reviews annually for a minimum of five years, and the first progress review should be produced no later than one year after the tabling of this report. All progress reviews should be tabled in both Houses of Parliament and be referred to the Standing Senate Committee on Fisheries and Oceans. In addition, the committee reserves the right to request that the relevant federal ministers appear before the committee to speak to annual progress reviews and to answer questions.

Senators Dan Christmas, Marilou McPhedran, Brian Francis, René Cormier, Fabian Manning, Jane Cordy and Stan Kutcher hold copies of the Senate Committee on Fisheries and Oceans’ report after the press conference at the Maritime Museum of the Atlantic in Halifax.

Grand Chief Norman Sylliboy (Mi’kmaq Grand Council) and Elder Catherine Martin offered opening remarks, a traditional prayer and a song before the Senate Committee on Fisheries and Oceans’ press conference at the Maritime Museum of the Atlantic in Halifax.

Senators Dan Christmas, René Cormier, Brian Francis, Fabian Manning, Marilou McPhedran and Jane Cordy during the Senate Committee on Fisheries and Oceans’ press conference at the Maritime Museum of the Atlantic in Halifax.

Senator Manning speaks at the Senate Committee on Fisheries and Oceans’ press conference at the Maritime Museum of the Atlantic in Halifax.