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Fishing Rights The Historical Record Fishing has always been an important part of the Anishinabe economy and their spiritual relationship to the land. An immense spring spawning run of the sturgeon and other species in the Rainy River fed early Indigenous people as they built ceremonial mounds in respect for this bounty. In the 19th century, sturgeon fed large groups of up to 1,500 Anishinabe people who came to the Rainy River area for the annual ceremonies of the Midewewin. Fisheries were managed by the Anishinabe to provide a substantial sustained harvest for food and trade. The Agreement Known as Treaty#3, as published by Canada, included a provision for Canada to supply twine to make nets: "It is further agreed upon between Her Majesty and the said Indians, that the sum of fifteen hundred dollars per annum shall be yearly and every year expended by Her majesty in the purchase of ammunition, and twine for nets for the use of the said Indians." The fishing right is described in Treaty #3, as published by Canada, as follows: "Her Majesty further agrees with the said Indians, shall have the right to pursue their described rights and avocations of hunting and fishing throughout the tract surrendered as hereinbefore described, subject to such regulations as may from time to time be made by the Government of her Dominion of Canada, or by any of the subjects thereof duly authorized therefore by the said Government." Fishing Rights of Treaty #3 Anishinabe In 1986, Anishinabe First Nations, through Grand Council Treaty #3, proposed that treaty rights be implemented under a management agreement with Ontario. The overall management goal was preservation and renewal of fish populations. Anishinabe requirement would have first priority for the permitted, after conservation, of the available fish. This includes fish for food and for sale, and exclusive fishing areas. The second priority would be the needs of non-Indian residence. The third priory for the catch would be the non-Indian commercial fishermen. The fourth priority would be the wants of the non-Indian non-residents. Ontario withdrew from the discussions of the proposed fishery agreement in 1986, and this has continued to restrict the First Nations treaty fishing rights. First Nations are still waiting to be " fairly dealt with." Recent discussion by the Supreme Court of Canada in the Sparrow case, and the Ontario Court Appeal in the Bombay case, have decided that the Indian requirements have priority after the coservation goals are met. Both aboriginal and treaty right guarantee priority to Anishinabe First Nations and include commercial sale and a food fishery. Anishinabe First Nations now seek to manage fishery resource degraded by over a century of non-Indian mismanagement. |