And now:LISN <[EMAIL PROTECTED]> writes:

Friday, October 08, 1999
National Post Online:
http://www.nationalpost.com/news.asp?s2=national&f=991008/97495.html

Mi'kmaq band rejects 30-day
moratorium on fishing lobster
Burnt church breaks rank

Graeme Hamilton
National Post 

BURNT CHURCH,
N.B. - The Mi'kmaq
community at the heart of the native
dispute in the Maritimes rejected an
appeal from their grand chief yesterday
and decided to continue fishing. 

"The decision has been made here that
they are not going to come out of the
water," Alex Dedam, a band spokesman,
said as a hastily
convened community meeting ended. "They intend to continue to
exercise their aboriginal right, which has been confirmed by the
Supreme Court of Canada and is protected by the Constitution Act
of Canada, and they feel to do anything else would be criminal." 

The decision, made behind closed doors and described as
unanimous, came a day after chiefs from all 35 Atlantic Canada
reserves agreed to ask fishermen to stop fishing for 30 days in an
effort to calm tensions. The chiefs were heeding the advice of Ben
Sylliboy, grand chief of the Mi'kmaq nation, who said restraint was
needed for the safety of his people. 

Non-native fishermen in the Miramichi Bay area, who maintain that
the off-season native fishery threatens lobster stocks, were stunned
to learn Burnt Church had broken ranks. Mike Belliveau, executive
secretary of the Maritime Fishermen's Union, said Ottawa will now
have to intervene to defuse the crisis. 

"There's a basic issue of peace, order and good government, and
that's something that's beyond us. No Canadians can afford to live
in the atmosphere that's here," he said. 

Herb Dhaliwal, the Fisheries Minister, was scheduled to announce
what action he will take to regulate the native fishery but postponed
the announcement to wait for tomorrow's deadline imposed by the
chiefs. "All parties should stay calm and play it day by day," Mr.
Dhaliwal said. "We should not jump to conclusions but should give
co-operation a chance." 

But on the impoverished Burnt Church reserve, home to 1,200
people, defiant fishermen said they will ignore any orders from the
federal government. "We're not going to stay home and live off
welfare. We need lobsters to survive," Clarence Dedam said.
"We're going to keep going back no matter what." He accused the
grand chief of cowardice for proposing the moratorium and said he
is not worried about confrontations on the water. 

"If we have to fight, we will fight, that's all I can say," he said. 

In a Sept. 17 ruling that acquitted Donald Marshall Jr. of illegally
selling eels, the Supreme Court ruled that a 1760 treaty gives
natives in the Maritimes the right to earn a "moderate livelihood"
from fishing, hunting and gathering. 

The band council has ordered 1,000 new lobster traps after a flotilla
of non-native fishing boats cleared the waters of an estimated 3,500
native-owned traps on Sunday. The sabotage has provoked a
number of acts of violence. Three native youths were hospitalized
after their pickup truck was rammed by a van driven by a
non-native. Arson has destroyed a ceremonial arbour as well as two
trucks and a cottage belonging to non-natives. And non-native
fishermen vandalized three fish plants suspected of buying
native-caught lobster. The RCMP is continuing to investigate all of
the incidents. 

Chris Bonnell, a band councillor and fisherman, said that suspending
the fishery now would have sent the wrong message. "The people
are saying, 'Why should we bow down to the vigilantes who have
cut our traps? If we do stop, they have won.'" 

But another councillor, Vernon Mitchell, said he shares the grand
chief's concern for his people's safety. He said about a dozen
fishermen from the reserve pulled their traps yesterday as a display
of goodwill but about 50 continue to fish. 

"I'm worried, of course I am," he said, adding that he will try to
persuade others that they won't be abandoning their treaty rights if
they agree to a shut down. 

The Big Cove, N.B., reserve, which has several fishing boats
operating out of Burnt Church, is expected to decide today whether
to stop fishing. 
-- 
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