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Since the Supreme Court of Canada’s 1999 Marshall decision that affirmed a treaty right to hunt, fish and gather in pursuit of a “moderate livelihood” arising out of Peace and Friendship Treaties of 1760 and 1761, Fisheries and Oceans Canada (DFO) has implemented a number of programs to provide direction and assistance to facilitate the integration of First Nations communities affected by the decision into Atlantic Canadian fisheries.
The Marshall decision affected 34 Mi’kmaq and Maliseet First Nations located in New Brunswick, Nova Scotia, Prince Edward Island and the Gaspé area of Québec. The Court reaffirmed that the federal government has the authority and responsibility for regulating the fishery, with conservation as the key consideration.
The Marshall Response Initiative (MRI)
was created to provide the 34 Mi’kmaq and
Maliseet First Nations affected by the decision
with increased access to the commercial fishery.
Under the program, fisheries agreements and contribution
agreements were reached with 32 of the 34 eligible
First Nations. These agreements provided for fisheries
access (including vessels, gear, and commercial
fisheries infrastructure) and First Nations internal
governance.
Additionally, a number of capacity building programs were developed as companions to the MRI to encourage the growth of First Nations commercial fishing enterprises and the participation of First Nations in the management of Atlantic Canada’s fisheries and marine ecosystems, including:
The Aboriginal Aquatic Resource and Oceans Management (AAROM) program provides for increased involvement of Aboriginal groups in integrated watershed and ecosystem-based planning and management processes.
AAROM provides funds to assist eligible Aboriginal communities in the establishment of aquatic management bodies. These bodies serve at a level between member-communities and multi-stakeholder processes, as a cost-effective focal point for interaction with the full range of DFO sectors and programs. To date, nine aquatic management bodies have been formed in Atlantic Canada.
The Atlantic Integrated Commercial Fisheries Initiative (AICFI) program was announced in the 2007 Federal Budget to build on the achievements of the Marshall Response Initiative.
AICFI provides $20 million over two years to assist Mi’kmaq and Maliseet First Nations affected by the Marshall decision to further develop governance and business management skills, build capacity in their commercial fisheries operations and have a more effective voice in fisheries co-management. The long-term goal of AICFI is to fully integrate the commercial fisheries in Atlantic Canada, where all participants work cooperatively to achieve long-term resource sustainability.