Sandra Jordan  
Sunday September 3, 2000, 
Observer (Britain)

Lobster wars enrage Indians
Mounties called in after 
Canadian lawmen are caught on
video ramming fishing boats

A bitter dispute over Canadian lobster fishing rights
has erupted into violence and allegations of attempted
murder after a Department of Fisheries and Oceans
patrol boat was filmed ramming native Mi'kmaq fishing boats.

The incident took place at Burnt Church, New
Brunswick, an Indian Reservation with a population of
about 1,200. Burnt Church First Nation, the Indian
council, has accused the law enforcers from the DFO of
attempted murder and demanded that the Royal Canadian
Mounted Police investigate the charge.

The raid, the most recent and violent in a series that
began early last month, was carried out last Tuesday
when federal fisheries officers swept into the
reservation's fishing grounds, confiscating 900
lobster traps. Twenty-two DFO and police patrol boats
and Zodiacs (inflatable rafts), crewed by up to 100
armed law enforcers in riot gear, swooped into
Miramichi Bay at 2.30am. The fisheries officers, armed
with 9mm pistols, pepper spray canisters and batons,
were joined by two police emergency response teams
toting semi-automatic weapons. Their mission was to
seize lobster pots, but the operation turned nasty.
The Feds were joined at daybreak by 14 native craft
that swarmed around the larger vessels to protect
their equipment. Nearly 100 Burnt Church locals
watched from the shore as federal vessels charged at small native
boats, swamping and sinking two, forcing the occupants
to leap overboard.

Moments later, a powerful DFO vessel charged towards
another native boat, an aluminium craft, ramming its
stern. Its Mi'kmaq passengers abandoned ship just
before impact. Fishermen hurled stones and bricks at
the law and in turn were sprayed with mace gas and
struck with batons. There were minor injuries on both
sides.  James Ward, a Mi'kmaq fisherman and head of Burnt
Church's own fishery management plan, was the first
man on the water - and the first in it. 'We only had
three boats in the water at that point,' he said. 'The
officers pinned my boat with two Zodiacs. The hull of
our boat was cracked and taking in water. Their boat
came down on top of us. I was slightly injured. It
didn't take long. 

His brother, Danny Ward, fared worse. 'He was in a
skow, a two-man boat. They ran him over and filled the
boat with water, forcing him overboard. They started
macing him while he was in the water and beating him
with batons. Then they handcuffed him and slammed his
face down on the boat - his nose was cut open.'
The confrontation was captured on video and broadcast
across the nation in what has probably been the worst
public relations disaster in the DFO's history. Indian
nations across Canada are declaring solidarity with
Burnt Church by refusing financial compromises to
settle similar disputes. Some chiefs have called for
the resignation of Fisheries Minister Herb Dhaliwal. A
meeting between Dhaliwal and Burnt Church Chief Wilbur
Dedam is likely to take place tomorrow.


Bob Allain, DFO official in East New Brunswick, told
The Observer the incident was 'regrettable'. 'The
department has begun a post-operational review of the
situation. I'm not going to suggest reasons for why
this [incident] has happened, that will be covered in
the official report.' Allain says fisheries officials
will continue to monitor 'all developments' in the
area. Will there be further raids? 'We won't comment
in advance. At the moment, the monitoring situation
could turn into an enforcement issue at any time.'
Karen Somerville, spokeswoman for Burnt Church First
Nation, has witnessed 'raid upon raid', but nothing so
'drastic' as last Tuesday's. 'The fact is, non-native
fishers have put a lot of pressure on the DFO and the
officers to "keep us in line".'

The dispute began on 10 August when the Mi'Kmaq Burnt
Church Band decided to follow its own fishing policy,
citing a 240-year-old treaty granting them control of
their own fishing management. The treaty right was
upheld by a Supreme Court ruling last year allowing natives
to fish all year round and without quotas.
The government disagrees, saying the court also ruled
the Indian nation would be subject to gov ernment
regulations - hence the DFO raids to seize fishing
equipment considered to be illegal.

The Burnt Church First Nation insists it is within its
rights. Somerville explains: 'If we continue fishing
lobsters, it's got nothing to do with defiance. People
are grateful about being able to exercise their treaty
right, they were restrained from doing so for many
years. 'That right has been re-affirmed and
reconfirmed by the Supreme Court. It's not illegal in
our eyes, it's legal fishing. The issue for the DFO is
that we want to manage ourselves.'