CPTnet
August 25, 2000
ESGENO'PETITJ URGENT ACTION: Call on Canadian Government to End Harrassment
of First Nation Fishers

Early Tuesday morning, around 20 Department of Fisheries and Oceans (DFO),
Coast Guard, and Royal Canadian Mounted Police (RCMP) boats entered the
Miramichi Bay in front of Esgeno'petitj First Nation (EFN) , seized lobster
traps and attacked EFN fishers. The expected assault followed the
break-down of talks between the DFO and Esgenoopetitj First Nation. The
flotilla of vessels included several boats occupied by RCMP in full riot
gear, including helmets and assault rifles.

Members of Esgeno'petitj went out in their own boats to confront the DFO
and protect their lobster traps. Present on the EFN boats were four
observers, including two Christian Peacemaker Team members, who documented
the activity with digital photographs and video footage. The DFO/RCMP
flotilla retreated after more than an hour of confrontation between EFN and
DFO boats, during which one DFO officer was injured by a flying rock thrown
by an EFN member. In another corner of the bay where there were no
observers, two EFN fishers were surrounded by DFO boats. One DFO boat
rammed and ran over them, knocking one of the fishermen in the head and
nearly sinking the small boat. DFO officials arrested the two fishermen on
charges of illegal fishing and resisting arrest. They were taken to Neguac
where they were handed over to the RCMP, charged, and later released.

On Friday, August 18, the two parties had agreed to a three-day respite, in
which the native fishers would be allowed to fish unmolested by the DFO
within a designated boundary until talks resumed Tuesday morning. However,
once the fishing began in earnest, the government began changing the rules
by presenting a map showing the boundary lines encompassing a much smaller
area.
 The DFO also protested the number of traps set by native fishers, although
they admitted that there was no limit given in the initial talks. The
band's refusal to capitulate to the DFO change in strategy resulted in the
government's refusal to continue the talks.

The Canadian courts and constitution have recognized the
seventeenth- and eighteenth-century treaties signed between the Mi'kmaq
nation and Britain as valid. As such, the Canadian government is obligated
to negotiate with Esgenoopetitj First Nation on a nation-to-nation basis.

The DFO's current attempts to interfere with the First Nations' efforts to
make a livelihood from the fishery is a violation of those treaties. The
Canadian government also has violated international law by contravening the
stipulations of the 1969 Vienna Convention on International Treaties which
states that all nations must honour and fulfill any treaties they have
signed with international neighbours.

The call for urgent action:

Please notify DFO Minister Herb Daliwahl, the Canadian Prime
Minister Jean Chretien, and DFO officials that you are aware of the
situation in Esgeno'petitj. Call for an end to the aggressive behaviour of
the DFO and the disrespectful and manipulative methods the Canadian
government is using to force native fishers out of the water. Remind them
that Canada is bound by international law and its own treaties to dialogue
in good faith with the people of EFN on a nation-to-nation basis. Demand
that fair and respectful talks be resumed until an agreement is reached that
is acceptable to both parties.

Canadians should send a copy of the letter to their own MP so that he/she is
aware of your interest in this situation.

Whom to contact:
Hon. Herb Dhaliwal (Federal Minister - DFO)
House of Commons, Ottawa, ON K1A 0A6
Phone (613)995-7052 or Fax (613)995-2962
email: dhalih@parl.gc.ca

Rt. Hon. Jean Chretien (Prime Minister)
House of Commons, Ottawa, ON K1A 0A6
Phone (613)992-4211 or Fax (613)941-6900
email: pm@pm.gc.ca

Raoul Breault (Area Chief - DFO)
Phone (506)394-8090 or (506)336-4946 or (506)395-7703
email: BreaultR@dfo-mpo.gc.ca

Robert Allain (Area Director - DFO)
Phone (506)395-8639 or (506)395-3320 or (506)395-7710
email: AllainR@dfo-mpo.gc.ca

Jim MacKenzie (Chief Federal Representative - DFO)
200 Kent St., Station 14E209
Ottawa, ON K1A 0E6
Phone (613)990-0163 or Fax (613)993-3435
email: mackenziej@dfo-mpo.gc.ca