Sipekne'katik First Nation fishers say treaty elver fishery is 'a peaceful thing'

While the 2025 commercial elver season is underway in Nova Scotia and New Brunswick, Mi'kmaw fishers from Sipekne'katik First Nation in Nova Scotia are exercising their treaty rights through a protest fishery.

In 2025, Fisheries and Oceans Canada (DFO) re-allocated 50 per cent of the harvesting quota for baby eels, or elvers, from commercial harvesters to First Nations in the two provinces but some First Nations communities are not participating under that regulatory framework.

Sipekne'katik, Millbrook First Nation and Membertou First Nation are three Mi'kmaw communities in Nova Scotia operating under their own management plans instead of accepting DFO's plan. 

The protest fishery is a form of resistance, where Mi'kmaw fishers are harvesting under their own management plans rather than those imposed by the federal government, in an effort to affirm treaty rights.

The elver fishery on the East Coast is booming due to its low-barrier entry and surging market prices in recent years.

The "truckhouse clause" in the Peace and Friendship treaties of 1760 and 1761 affirmed the right of Mi'kmaq, Wolastoqiyik, and Peskotomuhkati to trade goods — including fish, furs and wildlife — at designated truckhouses.

In 1999 the Supreme Court affirmed this right, and interpreted it in modern-day terms to say beneficiaries of these treaties have the right to sell these goods to earn a "moderate livelihood."

Tabitha Morrison, a Mi'kmaw treaty fisher from Sipekne'katik First Nation, says when fishers from her community attempt to make a moderate livelihood fishing elvers, they are being harassed by DFO.

"Threatening, intimidation, arriving in unmarked vehicles, not having business cards, not saying their badge number," said Morrison. 

"It's another form of institutionalizing our people and it is triggering as a nation."

She said when DFO confiscates equipment it isn't being returned, which can make it difficult for fishers who see the fishery as a path to financial independence. 

"There are socio-economic gaps on reserve, so these are people on social assistance trying to do better and then they're being held back," she said.

Harvesting in groups for safety

There's been tensions between First Nations and non-Indigenous fishers over the perceived impact of a treaty rights-based fishery on commercial fishing, with notable conflicts arising in Esgenoopetitj in New Brunswick in 2000 and more recently in Sipekne'katik in 2020 over lobster.

Amy Maloney, a Mi'kmaw treaty fisher who harvests alongside Morrison, said she sees stories in the media and hears other fishermen talk about her community and feels it is being painted as violent and disorderly. 

"It's a peaceful thing, it's not violent," said Maloney of the treaty fishery. 

"We want to do things without violence. We want to teach our kids that you don't have to be violent to exercise your rights. You can do this peacefully."

She said the community is taking extra steps to stay safe this year by harvesting in groups and remaining vigilant. 

"We have to protect each other cause we don't have guns out there and stuff to protect us... and we shouldn't have that because fishing is a peaceful thing," she said.

Morrison said fishers from her community head out beyond her community to harvest elvers because the Mi'kmaq traditionally moved based on the seasonal availability of food source. 

"We're gonna travel to fish, we're gonna travel to hunt," Morrison said.

"That's what we have done for years." 

Morrison said her community's fishing plan is not unlimited, and their data is being tracked and managed by their community's fisheries management.

They said they don't feel divided from other Mi'kmaw communities based on their choices to fish or not fish elvers, or to fish them under DFO's quotas.

"The people that are here to treaty fish, let them treaty fish," Morrison added.

Morrison said her community will continue to fight for their rights protected under the Constitution. 

"We're not all wrong and we're not all right. We're doing the best of what we know and I don't think the answer is pointing the finger and blaming," said Morrison.

Fishery officers patrolling

DFO regulates the commercial elver fishery with a maximum allowable catch of 9,960 kilograms. New regulations in March require anyone in possession of elvers — not only fishing them but storing, transporting, or exporting them, to be licensed.

In a statement, DFO said "Fishery officers are patrolling rivers, inspecting holding facilities and export points, and working with our law enforcement partners, to enforce the Fisheries Act." 

"Fishery officers have a range of compliance measures that they can use depending on the particular situation. Any compliance measures taken will be based on numerous factors, including the severity of the offence, and the context in which it was committed."

DFO added that if anyone believes "their interaction with a fishery officer was improper or if they believe that a fishery officer behaved in a less than professional manner, this should be reported to their local Conservation and Protection detachment."