Photo: Eric Wayne / SaltWire
To the Committee of the Whole Members of West Hants Regional
Municipality,
Re: Avon River Gate Operations Ministerial Order March 16, 2021
We are writing in solidarity with members of Treaty Truckhouse
#2 regarding their recommendation that the Council not ask for
the cessation of the Ministerial Order (MO) cited above.
As you know, this MO was issued by Fisheries Minister Bernadette
Jordan to the Nova Scotia Department of Agriculture to ensure
improved water flow through the Highway 101 causeway, thus
allowing fish to head further up the Avon River.
The returning of gate operations to pre-ministerial order would
damage this fish habitat and be in violation of Section 2.3 and
Section 2.4 of the Fisheries Act, which state:
2.3 ‘This Act is to be construed as upholding the rights
of Indigenous peoples recognized and affirmed by section 35 of
the Constitution Act, 1982, and not as abrogating or derogating
from them.’
2.4 ‘When making a decision under this Act, the Minister shall
consider any adverse effects that the decision may have on the
rights of the Indigenous peoples of Canada recognized and
affirmed by section 35 of the Constitution Act, 1982.’
Since the implementation of the MO, people at Treaty Truckhouse
#2 have observed increased fish passage and habitation upstream
of the gate structure. This has increased their ability to
exercise their right to harvest in Windsor, Nova Scotia.
The discontinuation of the MO would impact the Rights of First
Nations Peoples to harvest with traditional methods on their
traditional territory for Food and Ceremonial (R v Sparrow 1990)
or moderate livelihood (R v Marshall 1999). And this would
violate section 35 of the Constitution Act of 1982.
It is critical that treaty and legal obligations are honoured.
And there needs to be a long-term solution to protect the fish
and their habitat as part of the replacement of the causeway
structure. A solution that recognizes First Nations territory
and rights.
Solidarity Kjipuktuk / Halifax
June 7, 2021