Lennox Island says it will defend treaty rights after DFO seizes lobster traps

Lennox Island First Nation is calling out what it describes as "aggressive enforcement" by the Department of Fisheries and Oceans after lobster traps were seized from its treaty-protected fishery in Malpeque, P.E.I., and Alberton, P.E.I., on Sunday.

In a news release, Chief Darlene Bernard said the traps were part of a self-governed moderate livelihood fishery launched in 2022 and operated under a management plan created by the community.

The Mi'kmaq have a right to fish for a "moderate livelihood" outside the commercial fishery regulated by the federal government. That's a right that was reaffirmed by the Supreme Court of Canada's Marshall decision in 1999.

According to the release, the number of traps used this year as part of the treaty-protected fishery matched those in the previous season, which had proceeded without incident.

"This is a constitutional treaty right — not a privilege, not a negotiation, and not something Canada gets to control," Bernard was quoted as saying in the release.

"Our treaty-protected fishery follows a community-developed plan that aligns with conservation priorities and voluntarily mirrors DFO regulations.

"DFO's actions are a blatant violation of our rights, and we will not tolerate this kind of intimidation. It is a modest fishery that we launched on principle and it has run successfully and safely for three years now."

The chief is now demanding the return of the seized traps and is calling on DFO to return to "meaningful, rights-based dialogue."

"If Canada is serious about reconciliation, it must stop criminalizing Mi'kmaw rights and start supporting them. We will defend our treaty rights by any and all peaceful means necessary — in the courts, in the media, and on the water," Bernard said.

The release does not specify how many traps were seized on Sunday.

A spokesperson for the First Nation told CBC News Monday that more traps will be set on Tuesday.

In a statement to CBC News, DFO said it authorized Lennox Island community members to use up to 1,000 lobster traps in Lobster Fishing Area 24 during the 2025 spring commercial season under a one-year authorization. The season opened April 25 and runs until June 25.

The department said fishing without a licence or in contravention of the Fisheries Act and regulations "may be subject to enforcement action." The department said enforcement officers may take a progressive approach, including education, warnings or charges.

"Authorized community members in Lennox Island are required to meet licence conditions including the use of DFO tags. The situation at Malpeque and Alberton in Prince Edward Island is under DFO's Conservation and Protection investigation," the statement reads.