A legal and political dispute between the Mi’kmaq First Nations and Fisheries and Oceans Canada has sparked growing tensions over fishing rights in Nova Scotia, especially concerning the controversial elver fishery.
The National Post reported that the federal government’s decision to transfer fifty per cent of the elver fishing quota from commercial license holders to Indigenous groups without compensation has ignited debates.
The quota shift now allows First Nations to control sixty-two per cent of the total allowable elver catch in Canada.
In 2024, the Department of Fisheries and Oceans justified the redistribution by citing its commitment to reconciliation and fulfilling treaty obligations with Indigenous communities.
Many Canadian commercial fishermen see this move as giving special privileges to Indigenous groups leaving everyone else at a disadvantage.
“I wouldn’t go so far as to say the Crown represents the interests of non-Indigenous groups,” said Gwen MacIsaac, a Crown attorney, in a recent hearing. Her comments highlight the growing frustration felt by non-Indigenous communities.
At the same time, Mi’kmaq communities, such as the Sipekne’katik, have voiced their dissatisfaction with the restrictions placed on their fishing activities.
While some First Nations, like Pictou Landing, have their own fleets, others have chosen to lease their quotas to non-Indigenous commercial operators to profit off their special status.
Law enforcement have also raised concerns about organized crime linked to illegal lobster fishing.
“We believe organized crime is profiting from this illegal activity,” said RCMP Staff-Sgt. Jeff LeBlanc.
In a letter to Mi’kmaq leaders, DFO Maritimes region director general Doug Wentzell firmly rejected the Mi’kmaq’s claims of sovereignty over the fishery, stressing that the federal government is the ultimate authority in regulating Canada’s fisheries.
“Fishery officers need permission to enter Sipekne’katik reserve lands while performing their duties,” Wentzell wrote, asserting that the federal government retains jurisdiction over fisheries in Canadian waters, irrespective of Indigenous claims.
In March 2025, leaders from the Sipekne’katik, Millbrook, and Membertou First Nations sent a letter to the DFO demanding full control over the elver fishery.
The letter reinforced their belief that their inherent rights should take precedence over Canadian law.
“We will not be governed by your colonial commercial licensing systems, nor do we accept your management plan,” the letter stated, referencing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), a commitment that the Liberal government professed to uphold in their 2021 platform.
Legal experts note that the Supreme Court of Canada’s Marshall II decision gave the government authority to regulate Indigenous fishing but only after extensive consultation.
Aboriginal rights lawyer Thomas Isaac argued that the federal government has failed to use all its legal tools, including the option of “justifiable infringement” of the power to limit fishing rights for public policy reasons.
“It’s the height of hypocrisy that this Liberal government is distributing taxpayer-funded opioids to those struggling with addiction while fueling black market activity on legal products,” Isaac said, reflecting broader frustrations with the government’s approach.
The situation has also drawn attention to illegal fishing practices. Commercial fishermen in the area have presented evidence to the DFO of unlicensed elver fishing, but little has been done in response.