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SEPTEMBER 21, 2000

Update:
The Department of Fisheries and Oceans has issued an ultimatum to the Burnt Church Mi'kmaq. All traps must be removed from Miramichi Bay within 24 hours or the government will take action.

DFO has sent a letter to the band council, informing them of the decision. 10:55 AM EDT

In the latest chapter in the ongoing fishing rights dispute between the federal government and the Burnt Church First Nation, mediation talks broke down on Wednesday.

Previously, mediator Bob Rae, former premiere of Ontario, had announced a breakthrough in the dispute resolution process. On Wednesday, the Department of Fisheries and Oceans (DFO) and Mi'kmaq fishermen set out on the waters of Miramichi Bay in New Brunswick in order to remove all untagged traps.

But the two sides could not agree to a count of the traps in the Bay. Mi'kmaq fishermen refused to remove traps with Burnt Church tags, which the government does not recognize as legal.

Tags allow the government to regulate the fishing industry. The DFO has been seizing all traps not federally identified all summer, occasionally resulting in violent confrontations between officials and Mi'kmaq fishermen.

Violence was common last fall after the Supreme Court affirmed the treaty rights of Mi'kmaq and Maliseet nations. Once Natives began exercising their fishing rights, Non-Native fishermen attacked them and vandalized and sunk fishing vessels.

But in an attempt to avoid violence this year, the DFO negotiated fishing agreements with several First Nations. The Burnt Church, however, did not agree to regulation by the government, although the Supreme Court has clarified its Marshall decision by saying the government can regulate treaty rights.

Non-Native fisherman are still visibly upset about the resistance of the Burnt Church. With the mediation talks now on hold, non-Natives may take action on their threat to remove traps from the waters themselves.

Meanwhile, DFO Minister Herb Dhaliwal has vowed to take action.

Relevant Links:
The Marshall Case, Department of Fisheries and Oceans - www.dfo-mpo.gc.ca/COMMUNIC/Marshall/marshall_e.htm
The Burnt Church Support Site - www.tao.ca/~beinglightbeing/burntchurch
Fishing Fury, from the CBC: cbc.ca/news/indepth/fishingfury/index.html

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