Lakes, rivers and oceans constitute an immense food basin. For thousands of years, fishing has been a part of the culture and identity of Indigenous peoples. It is now recognized as an ancestral right when practiced for food, social or ritual purposes.
Recognition of Indigenous fishing rights and regulations
In 1999, in the Marshall decision, the Supreme Court confirmed the First Nations’ right to fish and hunt in pursuit of a moderate livelihood. Fishing rights can only be limited or infringed for a reasonable cause such as conservation or public safety. Although this right has been confirmed, it remains regulated by the federal government, and the term “moderate livelihood” is not interpreted in the same way for everyone.
Subsistence fishing: a regulated right
In order to regulate the right to fish, the Department of Fisheries and Oceans Canada (DFO) issues communal fishing licences to many band councils. Each licence specifies the rules to be followed with a view to resource conservation. The regulations specify the authorized gear, species and geographic areas.
Band councils can distribute fishing licences issued by the DFO at their discretion and forward the list of authorized fishers to the department. In some communities, a few fishers are designated to harvest what is needed to feed their members, while in others, licences are issued to several fishers who fish to provide for their families. Here, we are referring to subsistence fishing to feed a population, but do the protected rights to fish as a means of ensuring a moderate livelihood include the right to fish out of season?
Whaling, a supervised activity
Whaling is a traditional food activity practiced by the Indigenous peoples of the North that has been practiced for centuries but subjected to a moratorium since 1986. However, hunting cetaceans remains authorized for certain nations for subsistence purposes. Some countries, such as Japan, Norway and Iceland, defy the moratorium despite the fact that whale meat is consumed less and less.
A whale hunted by Inuit can feed hundreds of people and every part of the whale is used to make sculptures, jewelry, etc. Sharing resources is an important aspect of fishing tradition. In 2022, the Inuit of Iqaluit and Igloolik celebrated the harvest of a bowhead whale, the first in 4 years.
