Burnt Church Crisis facts for kids

The Burnt Church Crisis was a big disagreement in Canada that happened between 1999 and 2002. It involved the Mi'kmaq people from the Burnt Church First Nation (also called Esgenoôpetitj) and other fishermen in New Brunswick and Nova Scotia. This conflict was mainly about who had the right to fish for lobster and when.

Understanding the Fishing Rights Issue

As Indigenous people, the Mi'kmaq have special rights. They believed they had the right to catch and sell lobster even when it was not the usual fishing season. Other fishermen, who were not Indigenous, worried about this. They thought that if fishing happened all year, there might not be enough lobsters left. Lobster fishing was a very important way for many people in the area to earn money and find jobs.

Supreme Court's Decision on Fishing Rights

On September 17, 1999, the highest court in Canada, the Supreme Court of Canada, made an important decision. This decision, called R. v. Marshall, said that a Mi'kmaq man named Donald Marshall, Jr. had a legal right to fish for eels outside of the normal season. The Court explained that Indigenous people had a right to earn a 'moderate livelihood'. This meant they could use natural resources, like fish, to trade and make a living, based on old treaties.

The Burnt Church First Nation understood this court decision to mean they could fish for lobster outside of the regular season. So, they started putting out their lobster traps. The government was not ready for this. They started a plan to buy fishing permits from non-Indigenous fishermen. Then, they would give these permits to Indigenous people.

The Conflict Begins

After the Mi'kmaq started fishing, many non-Indigenous people became angry. They damaged and destroyed thousands of Mi'kmaq lobster traps. This happened in the weeks after the court ruling.

Protests and Clashes in Miramichi Bay

On October 3, 1999, about 150 fishing boats went into Miramichi Bay. They were protesting against the Mi'kmaq who were fishing for lobster out of season. When the boats came back, there were shouting matches between the two groups of fishermen. Hundreds of Mi'kmaq-owned traps had been destroyed. The local Mi'kmaq people fought back. Over the next few nights, there were more conflicts. People got hurt, and property was damaged on both sides.

The Indigenous fishermen refused to give up their fishing rights. These rights were given by old treaties and confirmed by the Marshall court decision. The Mi'kmaq set up a protected area on the wharf in Burnt Church. This was to keep their people safe while they continued to catch lobster.

Government Efforts and Continued Tensions

A week later, the Minister of Fisheries, Herb Dhaliwal, met with Indigenous leaders. He wanted to try and calm things down. Most of the First Nations bands agreed to stop fishing for a while. But the Burnt Church and Indian Brook bands said no to the government telling them when to fish.

In October, a special Indigenous ceremonial place in Burnt Church was burned down. In a separate event, three Mi'kmaq men ended up in the hospital after their truck was hit by a vehicle driven by non-Indigenous people. In Yarmouth, Nova Scotia, 600 fishermen blocked the Yarmouth Harbour. They wanted to stop Indigenous people from fishing. A lobster boat owned by an Indigenous person was also sunk in Yarmouth.

Court Clarification and Trap Limits

On October 18, 1999, a group in Yarmouth, Nova Scotia, asked the Supreme Court to look at the case again. But on November 17, 1999, the Supreme Court said no new hearing would happen. However, to make things clearer, the Court released a new ruling. This was called Marshall 2. It helped explain parts of the first Marshall decision.

The Canadian government then told the Mi'kmaq to use fewer lobster traps. The Burnt Church First Nation was told they could only use 40 traps for their whole community. Some Mi'kmaq did not agree with this. They said they already had ways to make sure there were enough lobsters in the sea. They wanted to protect the lobster stock off the Atlantic coast.

Rising Conflict and Police Involvement

In 2000 and 2001, the conflict grew worse. There were many standoffs between the Royal Canadian Mounted Police (RCMP) and First Nations people. Several people were arrested.

On August 9, 2000, the Burnt Church band members voted against the government controlling their fishing. The government had offered them five well-equipped boats and a new $2-million wharf. Ottawa wanted to set a limit of 40 traps. But the band said they had the right to set more than 5,000 traps. At that time, commercial fishermen (mostly non-Indigenous) used 743 licenses for 300 traps each. This meant over 222,900 traps were used each season.

The next week, tensions rose again in Burnt Church. Angry Mi'kmaq declared war against the Department of Fisheries and Oceans (DFO). This happened after a late-night raid on several lobster traps in Miramichi Bay. Four people were arrested, and one boat and over 700 traps were taken. Indigenous fishermen protested by blocking Highway 11, a main road in the province. The Mi'kmaq claimed officers pointed guns at them. But the DFO said they only used pepper spray and one baton.

When Burnt Church fishermen kept catching lobster, the government said fisheries officers would continue to take traps and make arrests. But they also asked Indigenous leaders to come back to talk. The government offered to pay for a $2 million fishing wharf and five new fishing boats for the Mi'kmaq. The Mi'kmaq said no to this offer. They thought it might mean giving up their legal fishing rights. After the Mi'kmaq refused, the DFO boats became very aggressive. They tried to stop the Indigenous fishers from setting traps. Sometimes, they even hit the Mi'kmaq's fishing boats. This conflict cost the government over $15 million, not including legal fees.

Looking for Solutions

In April 2002, a government report about the crisis was released. It suggested that some issues with police should be resolved. It also said that fishermen should get money for their damaged traps and boats. However, it also recommended that First Nations fishermen should only fish during the regular season. It also said they should get fishing permits like other fishermen.

Agreement Reached

The crisis finally ended when an Agreement in Principle was signed with the Burnt Church community. This agreement allowed them the right to fish for their own food. However, it did not allow them the right to catch and sell the lobster.

About the Crisis in Film

The Burnt Church Crisis was the main topic of a 2002 documentary film. It was made by Alanis Obomsawin and was called Is the Crown at War With Us?.

See also

• Oka Crisis, a land disagreement between Mohawk people and the town of Oka, Quebec, in 1990
• Ipperwash Crisis, a land disagreement in Ipperwash Provincial Park, Ontario, in 1995
• Gustafsen Lake Standoff, a conflict between police and Ts'peten Defenders in British Columbia in 1995
• Caledonia Land Dispute, a protest about First Nation land claims in Ontario, starting in 2006
• 2020 Mi'kmaq lobster dispute, a similar disagreement about Indigenous fishing rights in 2020