Our response to the Marshall decisions

Since 1999, the Government of Canada has continued to work on implementing the treaty right to fish, hunt, and gather in pursuit of a moderate livelihood, as set out in the Marshall decisions. Much work has been done through several Fisheries and Oceans Canada initiatives such as the Marshall Response Initiative, the Atlantic Integrated Commercial Fisheries Initiative, the Treaty Related Measures Program, the Rights Reconciliation Agreements process, the interim understandings authorizing moderate livelihood fishing during the established commercial seasons, and the Community-Based Access Acquisition Initiative.

To date, through these initiatives, Fisheries and Oceans Canada has provided over $833 million to the Mi'kmaq and Wolastoqiyik First Nation communities, as well as the Peskotomuhkati Nation at Skutik, which has helped them increase their participation in commercial fisheries and contribute to the pursuit of a moderate livelihood.

First Nations have been able to invest in acquiring access, vessels and gear, employ more community members in their fishing enterprises, increase training for these community members, and benefit from higher earnings from fishing:

Supported by these programs, the cumulative revenue (landed value and diversification) for these First Nations' commercial fishing enterprises since 2000 is now over $2 billion and annual value of communal commercial landings has increased from $3 million in 1999 to over $208 million in 2021.
The First Nations' fishing enterprises currently employ over 2,200 Indigenous harvesters and land-based employees.
Each First Nation fishing enterprise has developed and maintains a training plan and to date, over 11,200 days of fisheries training have been delivered, covering marine safety, vessel master certification, deckhand training, vessel maintenance and repair, aquaculture, and commercial fishing enterprise management.

We know that more work has to be done. We are committed to continuing to work together with the Mi'kmaq and Wolastoqiyik First Nations and the Peskotomuhkati Nation at Skutik, to further implement their right to fish in pursuit of a moderate livelihood.

Marshall Response Initiative

Since 1999, Fisheries and Oceans Canada has launched several programs to respond to the Marshall decisions, beginning with the Marshall Response Initiative. Agreements were reached with 32 of the eligible First Nation communities for assets and training to help increase and expand their participation in commercial fisheries. Through the initiative, investments made between 2000 and 2007 provided the First Nations with commercial fishing licences, fishing vessels and gear, and training, all in support of increasing Indigenous participation in commercial fishing. The Marshall Response Initiative ended on March 31, 2007, and was followed by other initiatives.

Atlantic Integrated Commercial Fisheries Initiative

Following the Marshall Response Initiative in 2007, Fisheries and Oceans Canada launched the Atlantic Integrated Commercial Fisheries Initiative. This initiative provides funding and support to the Mi'kmaq and Wolastoqiyik First Nations and the Peskotomuhkati Nation at Skutik so that they can continue to build and strengthen their own self-sustaining, communal commercial fishing enterprises.

Through the Atlantic Integrated Commercial Fisheries Initiative, Fisheries and Oceans Canada is increasing First Nations' access to commercial fisheries, providing business management and capacity building support, and helping Indigenous harvesters access training resources. Together, all of this helps First Nations support their community members' participation in commercial fishing and meet other long-term objectives, including industry expansion, developing additional fisheries-related business opportunities, and increasing community employment.

34 of the 35 First Nations impacted by the Marshall decisions participate in the Atlantic Integrated Commercial Fisheries Initiative.

Treaty Related Measures Program

Launched in 2018, the Treaty Related Measures (TRM) Program provides interim support for fisheries management activities and engagement toward future collaborative arrangements with the Mi’kmaq and Wolastoqiyik First Nations and the Peskotumhkati Nation at Skutik.

TRM agreements support these communities in building community fisheries governance and management capacity in the short-term, ahead of reaching longer-term collaborative fisheries management arrangements with Fisheries and Oceans Canada. TRM funding is intended to support the establishment of strong and stable First Nations fisheries governance regimes that foster accountability and transparency.

TRM funding also supports engagement with these communities on collaborative management arrangements.

Rights Reconciliation Agreements

In the Marshall II decision, the Supreme Court of Canada noted that implementing forward-looking approaches for the treaty right might be best achieved through consultation and negotiation of modern agreements with First Nations.

In 2017, Fisheries and Oceans Canada received a mandate to negotiate time-limited Rights Reconciliation Agreements on fisheries with Mi'kmaq and Wolastoqiyik First Nations in Nova Scotia, Prince Edward Island, New Brunswick, and the Gaspé region of Quebec, as well as with the Peskotomuhkati Nation at Skutik.

Each Agreement is intended to be a reflection of the needs and interests of a specific Nation and its members. They also aim to outline how we can work together to collaboratively manage fisheries to ensure stability and predictability, for the benefit of everyone.

The mandate expired in April 2023. Fisheries and Oceans Canada concluded seven agreements with 15 First Nations:

August 16, 2019 – Elsipogtog and Esgenoôpetitj First Nations (New Brunswick)
August 23, 2019 – Wolastoqiyik Wahsipekuk First Nation (formerly Maliseet of Viger First Nation) (Quebec)
April 16, 2021 – Listuguj Mi'gmaq Government (Quebec)
April 14, 2023 – Abegweit First Nation (Prince Edward Island)
April 27, 2023 – Peskotomuhkati Nation at Skutik (New Brunswick)
June 2, 2023 – Micmac Nation of Gespeg and Micmacs of Gesgapegiag (Quebec)
July 5, 2023 - Mi'gmawe'l Tplu'taqnn Incorporated (New Brunswick)

News releases

Interim understandings authorizing moderate livelihood fishing during the established commercial seasons

In 2021, the Minister introduced an interim optional path for First Nations to develop and implement moderate livelihood fishing plans (MLFP) during the established commercial seasons and without increasing overall fishing effort. These understandings are predicated on the combination of two elements that establish a collaborative approach to fisheries management: a community-developed, species-specific MLFP and a DFO-issued harvest document that authorizes the elements of the MLFP that are in compliance with the Fisheries Act and its regulations. Since 2021, DFO has reached 24 interim understandings with 17 First Nations for three species: elver, lobster and gaspereau.

The Department will continue to work directly with communities to respond to their needs for flexible fishing opportunities, including at negotiation tables and through collaborative fisheries management and consultation processes.

Community Based Access Acquisition initiative

Fisheries and Oceans Canada has committed $259.4 million over three years (2024-2027) to further implement the right of 34 Mi’kmaq and Wolastoqiyik Nations and the Peskotomuhkati Nation at Skutik to fish in pursuit of a moderate livelihood as upheld in the Marshall decisions.

This funding will support commercial fisheries access, vessels and gear acquisition through the ‘willing buyer, willing seller’ approach. It is important to note that this funding is intended for communities to acquire access themselves rather than for DFO to acquire the access on their behalf.

The access acquired through this renewed support will not increase overall fishing effort and moderate livelihood treaty right-based fishing will continue to take place within established commercial fishing seasons.

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