Burnt Church First Nation
The Burnt Church First Nation , self-designation Eskɨnuopitijk or Esgenoôpetitj , is a First Nation belonging to the Mi'kmaq in the Canadian province of New Brunswick . Her relatives live around 4.5 km south of Lagacéville and 7 km southwest of Neguac on Miramichi Bay . In March 2010, 1676 people were registered as members of the tribe. Of these, 1,174 lived within the reserve , 45 in other reserves, and 457 outside.
Their reserves are Burnt Church 14 (985.4 ha ), Tabusintac 9 (3268.7 ha) and Pokemouche (151.4 ha).
Outside the Canadian East, the tribe became known through disputes over fishing rights, which mainly concerned the Mi'kmaq's right to catch lobsters (lobster), which has been documented since 1759 . According to colonial law, the Mi'kmaq could do this at any time, but there were clashes with non-indigenous lobster hunters and with the Royal Canadian Mounted Police in 2000 and 2001 . Boats and fishing gear were destroyed in the process, and several Indians were in mortal danger.
history
The name 'Burnt Church' comes from the fact that during the wars between the British and French , who call themselves Acadians , the Mi'kmaq hid numerous Acadians. The British then burned the church down in a campaign to destroy the settlements in 1758.
In 1760, under Governor Charles Lawrence , the British concluded a peace and friendship treaty ("Treaty of Peace and Friendship" it literally means), which the Mi'kmaq still refer to today. He granted them unlimited hunting and collecting rights.
In 1841 a report said: “The reservation ... which covers 240 acres is exclusively inhabited by Indians . The other reservation on the north side of the Burnt Church River, comprising 1,400 acres, is in a state of wilderness. There are no routes through the area, but to avoid disputes the boundaries should be determined - an investigation is required. "
Fight for fishing rights
In August 1993, Donald Marshall Junior was arrested for violating fishing law. He was charged with catching and selling fish without a permit, even outside of the fishing season. Marshall relied on treaties dated 1760 and 1761 that he believed exempted him from these provisions. He was convicted, and the Court of Appeal of Nova Scotia (Nova Scotia Court of Appeal) did not share his view. However, in September 1999, the Canadian Supreme Court upheld an appeal and released him from all fines. The court ruled that he had a contractually guaranteed right to a moderate livelihood through hunting, fishing and the gathering of natural resources. The court held that this could not lead to unlimited economic use of this right.
As a result, the fishermen of Burnt Church tried to exercise their fishing rights in September and October 1999, but were prevented from doing so by non-indigenous competitors. In addition, they caused $ 210,000 in damage by destroying the Indian lobster traps. The Department of Fisheries and Oceans (DFO) and the Royal Canadian Mounted Police (RCMP) did nothing, although at least one of the Mi'kmaq was seriously injured. It was precisely at this time that a comment appeared from the judges who had voted against the decision at the time. They believed that the provincial governments had the right to regulate contract rights and their exercise. They could do this on the basis of economic and regional fairness, legal certainty based on historical experience and participation in fishing on the part of non-indigenous groups. Nevertheless, they called for the competent ministers to be consulted, and at the same time the right to a decent livelihood should not be jeopardized.
The New Brunswick Fisheries Minister therefore offered 34 groups agreements setting the number of traps for cash, boats, equipment and training. However, many Indians feared setting a precedent for restricting their contractual rights, and 5 groups refused. 29 remained in negotiations or received contracts. This may be due to the fact that tribal counselors with signature authority were lured with bonuses .
Burnt Church turned it down, as did Acadia, Afton, Bear River and Indian Brook. The former developed the Esgenoôpetitj First Nation Management Plan , which was supposed to uphold contractual rights, protect the ecosystem and at the same time ensure that not only a few tribal members benefited.
Fishing permits were issued and the number of traps limited to 15,000 in autumn and 5,000 in spring. This would have increased the total number of traps, which were already planned through official permits, by 5000. But the minister responsible rejected the plan.
Still, Burnt Church began fishing for lobsters. The government had boats and traps confiscated by the police, leading to collisions, assaults, arrests and trials.
In the meantime, the province's fisheries policy came under increasing criticism. Between 1996 and 2001, the number of employees there fell from around 100,000 to barely 10,000, as the government granted privileges to large companies. The Catholic Church and the Quakers also interfered and demanded respect for contractual rights, but also protection of the remaining fishermen. The fronts hardened and the 2001 fishing season again saw violent confrontations. On August 1, 2002, Burnt Church and the Department of Fisheries and Oceans signed an agreement on Miramichi Bay.
Current situation
In 2009, a new school was to be built in the reserve with degrees up to K-8 .
Movie
- Is the crown at war with us? 2002, Obomsawin, Alanis, 160 min. 31 p. (Website with the film: Is the Crown at war with us? ).
See also
Web links
- WF Ganong: The History of Neguac and Burnt Church ( Memento from December 19, 2009 in the Internet Archive )
- The Marshall Decision and the Maritime Canadian Fishery, in: Disparities in Law and Power, ed. Interactive Science Group ( Memento of March 5, 2009 in the Internet Archive ), archive.org, March 5, 2009
Remarks
- ↑ BCFN website ( Memento of the original dated February 21, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ According to the Department of Indian Affairs and Northern Development Burnt Church ( Memento of the original from March 5, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ The History of Neguac and Burnt Church ( Memento from December 19, 2009 in the Internet Archive )
- ↑ Translated from: Charlotte Taylor. Her Life and Times ( Memento of the original dated February 6, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. .
- ^ A new Grade K-8 school for Burnt Church
