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JUNE 6, 2000

The lobster season ends in just a couple of weeks but the court battle over treaty rights is only beginning. Burnt Church native Brian Bartibogue has pleaded not guilty to possession of illegal traps, just one of many actions Mi'kmaq fishermen in New Brunswick have taken in defense of their rights.

With this court case, the Burnt Church First Nation hopes to resolve its conflict with Department of Fisheries and Oceans. The Department has been confiscating lobster traps set by Mi'kmaq fishermen all season, who have accused the DFO of interfering with their treaty protected rights.

The Department believes the traps the Mi'kmaq are setting are illegal because they don't carry tags issued by the DFO, whose duty is to manage and protect fisheries.

While other First Nations have signed agreements with the government and are participating in a federally-sponsored fisheries program, the Burnt Church have refused, insisting on their own rules. In early May, they implemented their own fisheries program and want the Department to recognize it.

Bruce Wildsmith will be defending Bartibogue in the case, which begins this month. Wildsmith also defended Donald Marshall Jr, who was arrested in 1993 for fishing and selling eels. He also fought the charges and in 1999, the Court upheld a 1760 British treaty which reserved the right for Mi'kmaq and Maliseet natives to maintain a moderate livelihood from fishing.

Last year, conflicts between Native and non-Native fisherman turned violent. This year, there has only been one report of conflict; the Abegweit Mi'kmaq in Prince Edward Island suspended participation in the government program after non-Natives threatened them and told the DFO that they didn't want Natives fishing out of their port.

The DFO reports that Herb Dahliwal, Fisheries Minister, will meet with the Burnt Church Mi'kmaq on Wednesday.

Relevant Links:
From the CBC: Fishing Fury