Is the Crown at War with Us

[ Miigam'agan ]: IT'S ALWAYS DIFFICULT TO RELIVE WHAT HAPPENED LAST YEAR. ONLY BECAUSE OF THE LONG-AWAITED TRUTH TO BE FINALLY ACKNOWLEDGED OF OUR INHERENT RIGHTS AS MI'GMAQ PEOPLE. [ drums and chanting ] [ priest ]: DO YOU REJECT SATAN AND ALL HIS WORKS AND ALL HIS EMPTY PROMISES? [ all ]: I DO. -DO YOU BELIEVE IN GOD, THE FATHER ALMIGHTY, THE CREATOR OF HEAVEN AND EARTH? [ all ]: I DO. -DO YOU BELIEVE IN JESUS CHRIST, HIS ONLY SON, OUR LORD, WHO WAS BORN OF THE VIRGIN MARY, WAS CRUCIFIED, DIED AND WAS BURIED, ROSE FROM THE DEAD, NOW IS SEATED AT THE RIGHT HAND OF THE FATHER? [ all ]: I DO. [ Gkisedtanamoogk ]: OUR CEREMONIES ARE RELEVANT TO US, AS THEY WERE PRIOR TO COLUMBUS. HOW WE LIVE OUR LIFE, OUR WORLD VIEW, OUR LAND, THE WATERS, THE FISH, EVERYTHING IS CONNECTED TO EACH OTHER, IN MORE DEEPER WAYS THAN HOW WE'VE COME TO BE ORGANIZED BY NORTH AMERICAN SOCIAL POLICIES, AND, YOU KNOW, LEGISLATION AND SO FORTH. [ Brian Bartibogue ]: COMMUNITY OF ESGENOOPETITJ IS, IT MEANS A LOOKOUT POINT. IT'S A TRADITIONAL MEETING PLACE AND GATHERING PLACE FOR OUR PEOPLE. IT'S LOCATED RIGHT ON THE WATER, ON THE SHORELINE OF THE MIRAMICHI BAY. HERE COMES MY LINE! WE PLAYED AND LIVED OUR WHOLE LIFE AROUND THAT WATER. IT REVOLVES AROUND THAT WATER. IT IS INTEGRAL TO OUR CULTURE AND OUR PEOPLE AND OUR LIVELIHOOD. SO IT'S A VERY IMPORTANT PART. WE'VE BEEN HERE, HISTORICALLY, FOR OVER 11,000 YEARS. AND I JUST DON'T UNDERSTAND WHY THERE'S NOT ENOUGH FOR US. I MEAN, THIS BEAUTIFUL TERRITORY... I WAS RAISED SWIMMING IN THESE WATERS. AND IT'S A SHAME THAT I CAN'T FEED MYSELF AND TEACH MY CHILDREN HOW TO FISH. I MEAN, MY GRANDFATHER TAUGHT ME, AND MY BROTHERS AND UNCLES TAUGHT ME, AND NOW I'M NOT ALLOWED TEACHING MY CHILDREN. I HAD MY SON, THIS MORNING, REDUCED TO TEARS BECAUSE HE COULDN'T GO FISHING NO MORE, THAT IT WAS TOO DANGEROUS FOR HIM AND I WOULDN'T LET HIM GO. BY DOING THAT, THE CANADIAN GOVERNMENT HAS ROBBED US OF OUR RIGHT TO RAISE OUR CHILDREN IN ACCORDANCE TO OUR CULTURE. AND... MY SON REDUCED ME TO TEARS. I MEAN, I HAD TO BRING HIM WITH ME JUST BECAUSE THAT IS OUR WAY. AND THAT'S BEING ROBBED FROM US. -JUST WANNA GO AND FISH, THAT'S ALL I WANNA DO. MAKE SOME MONEY. SAVE SOME FOR FOOD. BUT IF THEY TRY TO STOP US, YOU KNOW, I'M GONNA BE OUT THERE TOO... FIGHTING WITH THEM. I FOUGHT LAST YEAR AND THE YEAR BEFORE. BE OUT THERE AGAIN THIS YEAR. I'M ONLY USING THE DORY, SO I END UP HAULING THE TRAPS BY HAND. I GOT NO MACHINE. GOT NO HAULER TO HAUL THEM UP. [ Alanis ]: YOU DON'T MIND BEING ALONE IN YOUR BOAT? -NO, I'M USED TO IT. I'VE BEEN DOING IT ALL THESE YEARS, SINCE I WAS 12 YEARS OLD. I'M JUST GONNA KEEP PRACTISING OUR RIGHTS, AND ANYBODY TRIES TO STOP ME OR ANY OF US, I'LL BE OUT THERE FIGHTING WITH THEM. AND IF I GO TO JAIL AND IF I COME BACK OUT, I'LL BE OUT THERE AGAIN. -I'M GOING TO FRENCH SCHOOL. -I GO TO, UM... -BURNT CHURCH. WHICH I GET MI'GMAQ AND HE DOESN'T. ALL HE KNOWS IS FRENCH. ALL THE KIDS IN HIS SCHOOL, UM... -NOT EVERYBODY. -THEY ALL KNOW ENGLISH. -SOME, BUT NOT EVERYBODY. -MICHEL CAN ONLY SPEAK A LITTLE BIT ENGLISH-- -MICHEL'S NOT IN MY SCHOOL. -WHAT SCHOOL'S HE IN? -NEGUAC. NEGUAC SCHOOL'S FRENCH. -WHEN I WAS YOUNGER, WHEN I WAS A KID... I DIDN'T STAY HERE, IN THE BURNT CHURCH RESERVE. I WAS SENT TO SHUBENACADIE RESIDENTIAL SCHOOL. I SPENT ABOUT SEVEN YEARS THERE. [ Alanis ]: WHAT WAS IT LIKE THERE? -I WOULDN'T LIKE TO... -TALK ABOUT IT? -TALK ABOUT IT AT ALL. THAT'S HOW IT WAS. AND THEN I COME HOME AND THERE WAS A COMPANY, ANDERSON'S COMPANY. AND I FISHED FOR THEM 15 YEARS. EVERY SUMMER. WHEN I FIRST STARTED, IT WAS A DOLLAR, A DOLLAR FIFTY A DAY. AND IT GRADUALLY WENT UP AND LAST, I WAS GETTING TWO DOLLARS AND SEVENTY-FIVE A DAY. THEN FINALLY I DECIDED I WANT TO FISH FOR MYSELF. SO WE MADE TRAPS, MY BROTHER AND I. WE MADE 400 TRAPS IN... ALL WINTER. BUT THE FISH WERE DOWN, AND THE GOVERNMENT THAT TIME, THEY STARTED BUYING BACK THE LICENSES FROM THE WHITE COMMUNITY. AND, UH... BUT ME, I... THEY DIDN'T OFFER ME NOTHING. BUY BACK. BUT I HAD NO LICENSE. I HAD A PERMIT, LIKE FROM THE TREATY. YOU KNOW, FROM THE TREATY? -YES. -AND, UH... SO I VOLUNTARILY GAVE IT UP THREE-FOUR YEARS. AND THE FISH STARTED TO COME BACK AGAIN AND THE FISH, EVER SINCE, HAS BEEN GOOD. AND I WANTED TO GET BACK INTO IT, THAT TIME, OH, ABOUT 15 YEARS AGO. BUT THEY TOLD ME I HAD TO BUY A LICENSE! I SAYS, "I DON'T HAVE TO BUY A LICENSE. I NEED MY PERMIT BACK, BECAUSE I GAVE IT UP VOLUNTARILY. I NEVER GOT NOTHING FOR IT. I WAS DENIED MY PERMIT! -COMMERCIAL-FISHING SEASON STARTS HERE ON MAY 1st AND ENDS JULY 1st, EIGHT WEEKS. -YOU GO BUY A COMMUNAL LICENSE IN... FROM BURNT CHURCH, SO EVERYBODY... ALL THE NATIVE BOATS HERE FISH UNDER COMMUNAL. -FALL FISHING IS FOR FOOD, FOR FOOD FISHERY. -THEY WERE TRYING TO TAKE THAT AWAY FROM US, BUT... -WE WERE ALL OUT THERE IN THE FALL. LIKE, US HERE. EXCEPT HIM. I DON'T BLAME HIM. -YEAH. -HE DIDN'T WANT TO RISK HIS LIVELIHOOD. -HIS RIGGING AND HIS GEAR AND STUFF LIKE THAT, EH? -WHAT WE CATCH IN THE SUMMER, THAT'S JUST A LITTLE MONEY TO GET BY, DAY BY DAY. BUT, LIKE, DURING THE WINTER AND STUFF LIKE THAT, IT'S HARDER. WE NEED TO BE ON WELFARE, OR WE HAVE TO BE ON WELFARE, WHERE WE DON'T WANT TO BE, YOU KNOW. LIKE US, WE WOULD LIKE TO WORK. AND... IT'S JUST NOT ENOUGH. THERE'S NO WORK. -I GOTTA PROVIDE FOR MY FAMILY AND THIS IS THE ONLY WAY I CAN PROVIDE FOR MY FAMILY. WHEN MARSHALL CAME THROUGH, IT WAS JUST LIKE WINNING THE LOTTERY. A LITTLE LOTTERY, AT THAT. AND, UM... I HAD HOPE... I COULD SEE MY CHILDREN SMILING NOW IN THE FUTURE. WITH NICE CLOTHES AND SOMETHING TO EAT ON THE TABLE. [ narrator ]: IN 1993, DONALD MARSHALL WAS ARRESTED FOR FISHING EEL OUT OF SEASON WITH ILLEGAL NETS AND FOR SELLING IT WITHOUT A LICENSE. AT ISSUE WAS WHETHER HE POSSESSED A TREATY RIGHT TO CATCH AND SELL FISH, WHICH WOULD EXEMPT HIM FROM COMPLYING WITH THE DEPARTMENT OF FISHERIES AND OCEANS REGULATIONS. THE SIGNATORIES OF THE PEACE AND FRIENDSHIP TREATY OF 1752 WERE: HIS EXCELLENCY, PEREGRINE THOMAS HOPSON, AND MAJOR JEAN BAPTISTE COPE, CHIEF OF THE TRIBE OF MI'GMAQ INDIANS, AND THE DELEGATES OF THE EASTERN COAST OF NOVA SCOTIA AND NEW BRUNSWICK. [ Tony Robinow ]: IT IS AGREED THAT THE SAID TRIBE OF INDIANS SHALL NOT BE HINDERED FROM, BUT HAVE FREE LIBERTY OF HUNTING AND FISHING AS USUAL. AND THAT IF THEY SHALL THINK A TRUCK HOUSE IS NEEDFUL AT THE RIVER SHUBENACADIE OR ANY OTHER PLACES THEIR RESORT, THEY SHALL HAVE THE SAME BUILT AND PROPER MERCHANDISE LODGED THEREIN TO BE EXCHANGED FOR WHAT THE INDIANS SHALL HAVE TO DISPOSE OF. AND, THAT IN THE MEANTIME, THE SAID INDIANS SHALL HAVE FREE LIBERTY TO BRING FOR SALE TO HALIFAX, OR ANY OTHER SETTLEMENT WITHIN THIS PROVINCE, SKIN, FEATHERS, FOWL, FISH OR ANY OTHER THING THEY SHALL HAVE TO SELL, WHERE THEY SHALL HAVE LIBERTY TO DISPOSE THERE TO THE BEST ADVANTAGE. [ narrator ]: THESE AGREEMENTS WERE RENEWED AND RATIFIED IN PREVIOUS AND SUCCESSIVE TREATIES FOR THE CHIEFS, FOR THE SAID TRIBES, THEIR HEIRS AND THE HEIRS OF THEIR HEIRS FOREVER. AFTER MARSHALL WAS CONVICTED ON ALL THREE COUNTS, HE APPEALED TO THE NOVA SCOTIA COURT OF APPEAL AND WAS DENIED. MARSHALL THEN APPEALED TO THE SUPREME COURT OF CANADA. THE SUPREME COURT ALLOWED MARSHALL'S APPEAL, STATING... [ Arthur Holden ]: NOTHING LESS WOULD UPHOLD THE HONOUR AND INTEGRITY OF THE CROWN IN ITS DEALINGS WITH THE MI'GMAQ PEOPLE, TO SECURE THEIR PEACE AND FRIENDSHIP. [ narrator ]: SEPTEMBER 17, 1999. SIX YEARS AFTER DONALD MARSHALL WAS ARRESTED, THE SUPREME COURT DECLARED ITS DECISION. IT AFFIRMED THE MI'GMAQ PEOPLE HAD THE RIGHT TO PROVIDE FOR THEIR OWN SUSTENANCE BY HUNTING, FISHING, GATHERING AND TRADING FOR WHAT, IN 1760, WERE CALLED "NECESSARIES". THE COURT SAID... [ Arthur Holden ]: THIS SHOULD BE CONSTRUED IN A MODERN CONTEXT AS EQUIVALENT TO A MODERATE LIVELIHOOD. [ joyous honking ] [ Karen Somerville ]: THE DAY THE DECISION CAME DOWN, IT WAS VERY JOYOUS AND EVERYONE WAS HAPPY AND IT WAS, LIKE, "YES! WE CAN NOW DO SOMETHING TO SUPPORT OURSELVES." OUR RIGHTS HAD BEEN RECONFIRMED. WE HAD THE RIGHT TO EXERCISE OUR ACCESS TO THE FISHERY. AND, UH... THE COMMUNITY WENT FISHING. [ Leo Bartibogue ]: WHAT HAPPENED LAST SUMMER WAS, UH... WELL, A FEW US WENT OUT THERE AND STARTED TAKING OUR TRAPS OUT THERE TO BACK UP OUR MANAGEMENT PLAN THAT WAS CREATED BY JAMES WARDEN LLOYD, LLOYD AUGUSTINE. AND SO A FEW OF US WENT OUT THERE TO START PUTTING ACTION BEHIND THE MANAGEMENT PLAN. THE WOMEN... THE WOMEN THAT WERE THERE, ONE OF THEM WAS MY SISTER, MIIGAM'AGAN, KAREN SOMERVILLE. IT WAS THESE TWO WOMEN THAT I TOOK OUT IN THE WATER THAT STARTED SETTING OUT THEIR OWN TRAPS. THEY'RE THE ONES THAT STARTED PUTTING THE TRAPS IN THE WATER FIRST. AND IT TOOK THE LADIES, THE WOMEN OF OUR COMMUNITY, TO MAKE IT HAPPEN. AND I'M DEEPLY THANKFUL FOR THAT. -YAHOO! -THERE'S OUR FIRST CATCH! -YES! KAREN AND MIIGAM'AGAN WITH OUR FIRST LOBSTERS. YAHOO! -EVERYONE WAS HAPPY, EVERYONE WAS GLAD, EVERYONE, I GUESS, FIGURED, "ALL RIGHT, EVERYBODY GO OUT INTO THE WATER, FISH AS MANY LOBSTERS AS YOU WANT, GO AHEAD AND SELL THEM." -AND THEY WERE. LIKE, THE FISH-BUYERS WERE BUYING THEM. BUT I GUESS THEY WERE BEING THREATENED BY NON-NATIVES, SO... THEY JUST WOULDN'T COME BACK. -WE'RE NOT EVEN ON THE BASIS OF DISCUSSING... [ narrator ]: AS SOON AS THE MI'GMAQ PEOPLE ASSERTED THEIR RIGHTS, THE NON-NATIVE FISHERMEN APPLIED PRESSURE ON THE GOVERNMENT TO SHUT DOWN THE ABORIGINAL LOBSTER FISHERY. -NO ONE SHOULD ASK ORDINARY, HARD-WORKING INSHORE FISHERMEN TO PAY THE PRICE FOR DECADES OF NATIONAL INEPTITUDE TOWARDS ONE OF OUR FOUNDING PEOPLES. THE FISHING ITSELF IN THE BAY SIMPLY HAS TO STOP. -FISHERMEN SEE THAT THEY STILL TRAP THERE AND THAT IT'S NOT SUBSTANTIAL AMOUNT OF TRAP THAT HAVE BEEN PICKED UP. I THINK THAT IT WILL BE MORE AND MORE DIFFICULT TO STOP THE FISHERMEN. [ narrator ]: IN A SHOW OF FORCE, THE NON-NATIVE FISHERS PROTESTED AND THREATENED TO TAKE MATTERS INTO THEIR OWN HANDS. -THIS DOESN'T GIVE YOU THE RIGHT TO FUCKING CUT MY TRAPS! [ narrator ]: FIRES WERE SET, THOUSANDS OF TRAPS WERE VANDALIZED AND THE COMMUNITIES WERE AT WAR. [ shouting and arguing ] -YOU FUCKING CUT OUR FUCKING TRAPS! I'M NOT IGNORANT! THAT'S FUCKING IGNORANT! -GET OUT OF MY FACE! -FUCK YOU! -THERE'S A LOT OF TENSION WHEN YOU FISH ALONGSIDE A NON-NATIVE FISHERMAN, YOU KNOW? LIKE, A FRIEND OF MINE, HE WAS FISHING IN THE SPRING. THEY TOOK HIS TRAPS, THEY CUT HIS TRAPS, THEY THREW 'EM BACK IN THE WATER. THEY'D RUN HIS BUOYS OVER, TELL HIM, "YOU'RE A LONG WAY FROM HOME!" I KNOW, 'CAUSE I LENT HIM MY TRAPS AND I LOST 'EM! HE LOST SOME OF MY TRAPS, BUT... YOU KNOW, THAT'S THE PROBLEM WE HAVE. WE CAN'T EVEN FISH SIDE BY SIDE EACH OTHER WHEN THEY SAY WE COULD, YOU KNOW WHAT I MEAN? SO MUCH ANGER AND HATRED OUT THERE. -THE RACISM AND THE HATRED HAVE BECOME A VERY EVIDENT PART OF OUR DAILY LIVING. COMING OUT OF OUR COMMUNITY, IT'S VERY EVIDENT IN SOME AREAS. IT'S REALLY UNFORTUNATE BECAUSE, WITH THE ACADIAN PEOPLE AND THE MI'GMAQ, ESPECIALLY IN OUR AREA, THERE'S A LONG COOPERATIVE HISTORY THERE OF WHERE WE WERE ALWAYS ABLE TO GET ALONG. IT IS UNFORTUNATE THAT SOME HAVE PUT A VERY NEGATIVE LIGHT ON THEIR SOCIETY, THAT THEY'VE CUT OUR TRAPS, THEY SHOT AT OUR PEOPLE, THEY'VE BEAT THEM UP AT LOCAL ESTABLISHMENTS... AND CONSTANTLY FIGHTING AND RACIAL SLURS BEING THROWN HERE AND... AND FOR THE GOVERNMENT TO FEED ON THIS, UM... IN THIS DAY AND AGE, IS A VERY SAD TRUTH, A VERY SAD REALITY THAT... THE GOVERNMENT AIN'T FIGHTING FOR CONSERVATION, THEY'RE FIGHTING FOR CONTROL. -THE HISTORY OF ESGENOOPETITJ IS ONE OF THE LOE LOBSTER FISHERY BEING ESSENTIALLY AN ABORIGINAL FISHERY UNTIL THE 1940s, WHEN THERE WAS A LICENSING SYSTEM USED TO SQUEEZE THE ABORIGINAL PEOPLE OUT OF THE INDUSTRY. IT WASN'T AS IF THEY'D NEVER BEEN THERE. SO THE PEOPLE WENT BACK INTO THE WATER SAYING, "WE'RE EXERCISING OUR RIGHT." AND... AS WE KNOW... THE STATE, RATHER THAN GIVING EFFECT TO THE RIGHTS, RATHER THAN LIMITING THE FISHING OF THE WHITE FISHERMEN, BROUGHT ITS FULL FORCE OF... FULL POLICE AUTHORITY TO BEAR, WITH HELICOPTERS AND PATROL BOATS AND GUNS AND OBSERVATION BY AIRPLANE, RCMP DETACHMENTS, DOZENS OF RCMP CARS AND SO FORTH, ON THE PEOPLE OF ESGENOOPETITJ. AND THE AMAZING THING IS, THAT WAS ALL TO ENFORCE A REGIME WHICH ESSENTIALLY HAD BEEN DECLARED UNCONSTITUTIONAL. [ narrator ]: THE ESGENOOPETITJ VILLAGE IS THOUSANDS OF YEARS OLD AND THE LARGEST MI'GMAQ COMMUNITY IN NEW BRUNSWICK. THE MI'GMAQ PEOPLE LIVED IN WIGWAMS MADE OF BIRCH BARK. IN THE SUMMER, THEY STAYED IN FISHING VILLAGES. IN APRIL AND MAY, THE MEN FISHED THE SALMON. THE WOMEN AND CHILDREN GATHERED FIDDLEHEADS AND OTHER FRESH WILD GREENS. THEN, THE BIG STURGEON CAME. SOMETIMES, IT WAS AS HEAVY AS 800 POUNDS. THE CUSTOM WAS TO FISH AT NIGHT WITH A TORCH. SUMMER WAS A BUSY TIME. THE PEOPLE GATHERED FRUIT, BERRIES, AND CAUGHT ALL KINDS OF FISH. SOME WERE DRIED OR SMOKED TO PRESERVE FOR THE COLD SEASON. THEY TRAVELLED EASILY WITH THEIR INCREDIBLE DESIGN OF A LIGHT BIRCH-BARK HUMPBACK CANOE CAPABLE OF FACING OPEN WATERS. WHEN WINTER CAME, THEY MOVED INLAND TO THE SHELTER OF THE TREES, AND FOR HUNTING DEER, MOOSE AND CARIBOU. TRADING WAS ALWAYS PART OF THEIR LIVES. THEY TRADED WITH OTHER TRIBES, AND IN 1581, THEY BEGAN TO TRADE FURS WITH PRIVATE MERCHANTS FROM FRANCE. BY 1702, A LARGE POPULATION OF FRENCH PEOPLE WAS ESTABLISHED IN DIFFERENT PARTS OF THE MIRAMICHI AND IN THE SURROUNDING AREA OF MI'GMAQ COUNTRY. THE NEWCOMERS HAD ARRIVED, AND SO HAD UNKNOWN DISEASES. ONE EPIDEMIC KILLED OVER 16,000 MI'GMAQ PEOPLE IN THE MARITIMES. THE INFLUENCE OF THE EUROPEANS CHANGED THEIR LIVES AND THE PEOPLE BECAME IMPOVERISHED. THE STRUGGLE BETWEEN BRITAIN AND FRANCE TO CONTROL MI'GMAQ COUNTRY AND ITS NATURAL RESOURCES WAS ONGOING. DURING ONE OF THE BATTLES LED BY THE ENGLISH, THE MI'GMAQ PROTECTED THE ACADIANS BY HIDING THEM IN SECRET PLACES. THE ENGLISH BURNT EVERYTHING, INCLUDING THE CHURCH. THIS IS HOW ESGENOOPETITJ GOT ITS OTHER NAME: BURNT CHURCH. AS TIME WENT ON, THE NEWCOMERS WERE TAKING OWNERSHIP OF THE RESOURCES: THE RIVERS AND THE FORESTS. THEIR WAYS OF HARVESTING WERE DIFFERENT AND MUCH GREATER. SEVERAL FISH SPECIES BECAME EXTINCT. SALMON STOCKS WERE DIMINISHING, AND THE MI'GMAQ SUFFERED THE LACK OF A RESOURCE THAT HAD SUSTAINED THEM FOR THOUSANDS OF YEARS. BY MARCH 1805, THEIR VAST TERRITORIES WERE DIMINISHED TO A RESERVE WITH 2,058 ACRES, PLUS TABUSINTAC AND POKEMOUCHE, WITH 10,000 ACRES. FOR A LONG TIME, THE LOBSTER WAS CONSIDERED POOR MAN'S FOOD. THE MI'GMAQ FISHED IT WITHOUT INTERFERENCE, BUT NOT FOR LONG. -I HAVE TO ENFORCE TO MAKE SURE THAT WE HAVE CONSERVATION AS OUR PRIORITY, BECAUSE IF WE LET PEOPLE FISH WHENEVER THEY WANT, WHATEVER THEY WANT, WE'RE NOT GONNA HAVE A RESOURCE. AND MY MANDATE IS TO PROTECT THE RESOURCE. -THEY ARE BEING TOLD A LOT OF WRONG THINGS. THERE'S NOT A WHOLE LOT OF US HERE, YOU KNOW. AND THERE'S NOT A WHOLE LOT OF TRAPS, OR A WHOLE LOT OF EQUIPMENT WE HAVE. I KNOW THAT IN MAY, THE NON-NATIVES HAVE ABOUT... APPROXIMATELY 270,000 TRAPS. AND THAT'S JUST IN ZONE 23 IN MIRAMICHI, HERE. NOW WE COME UP WITH... THEY WANTED US TO HAVE ONLY 40 TRAPS. WHAT DOES THAT TELL YOU? FORTY TRAPS IS NOT GONNA FEED THE REST OF OUR PEOPLE OR BRING ANY INCOME TO OUR PEOPLE. WE'RE NOT GONNA DEPLETE THE STOCKS. WE'RE ALL CONSERVATIONISTS HERE, YOU KNOW. WE KNOW, WE'VE BEEN DOING IT SINCE THE BEGINNING OF TIME. OUR ANCESTORS DID IT; WE ARE DOING IT. WE MAKE SURE THAT THE UNDERSIZE ARE THROWN BACK IN THE WATER. WE MAKE SURE THAT THE FEMALES ARE PROPERLY PUT BACK IN THE WATER, GENTLY. THESE ARE THE THINGS THAT WE DO. WE CAN REGULATE OUR OWN RESOURCES. WE ONLY CATCH ENOUGH TO SURVIVE. WE ONLY CATCH ENOUGH TO PAY OUR BILLS, WE ONLY CATCH ENOUGH TO PAY... PUT CLOTHES ON OUR CHILDREN, SO THEY'LL START LOOKING GOOD IN SCHOOLS. ENOUGH TO PUT FOOD ON OUR TABLE; ENOUGH TO GENERATE A LITTLE INCOME FOR A FAMILY. -WOW! ONE OR TWO?! YOU GOT ONE OR TWO, GIRLS?! -SEVENTEEN! -ALL RIGHT! SEVENTEEN! -WHOO! -CATCH OF THE DAY: 17! -NOT TOO LONG AFTER THAT, THE DFO, YOU KNOWOW, KIND OF... CAME AROUND WHERE WE WERE AND STARTED WONDERING WHAT WE'RE DOING. AND WE HAD APPROXIMATELY ABOUT 10 TRAPS AT THE TIME IN THE WATER. SO EVERY TIME WE COME BACK IN, THEY'D GO AROUND OUR TRAPS AND START PULLING THEM OUT. THIS WAS JUST GOING ON ON A DAILY BASIS. THEY CALLED THIS MORNING THAT THERE'S A DFO BOAT IN THE WATER. SO WE WENT AND HEADED OUT TO RESPOND TO IT. AH, PICKED UP A COUPLE OF GUYS, WE GOT 'EM HERE, REALIZED, UH... IT LOOKED LIKE THE DFO BOAT WAS TRYING TO, UM... GATHER SOME INFORMATION FOR A FUTURE RAID. -WE'RE AT IT AGAIN, ARE WE?! -WE'RE MAKING SURE YOU DON'T TAKE THEIR TRAPS! -WE SHALL FIGHT ON THE SEAS... AND WE WILL NEVER SURRENDER. -I'M VERY ASSOCIATED WITH THE CONCEPT OF WARRIOR - BEING ONE TO BEGIN WITH - AND THE CONCEPT OF HONOUR. AND FOR ME, I ALWAYS HAVE TO GIVE A DEFINITION WHEN I TALK ABOUT HONOUR, 'CAUSE IT'S WHAT DRIVES US, WHAT COMPELS US TO DO WHAT WE DO. AND HONOUR, FOR US, BEING A WARRIOR, IS HAVING THE MORAL STRENGTH TO DO WHAT'S JUST AT ALL TIMES, REGARDLESS OF THE CONSEQUENCES. EVEN WHEN - FOR INSTANCE, HERE - WE ARE OUTNUMBERED, OUTGUNNED AND OVERWHELMED BY THE CANADIAN FORCES. AND WE STILL HAVE TO MAKE THAT STAND. WE DON'T GET A SALARY. BASICALLY, WE'RE TALKING ABOUT BEING BEATEN, ABUSED, POSSIBLY HURT OR EVEN SENT TO JAIL. BUT IT'S SOMETHING WE TAKE ON VERY WILLINGLY. WE EMBRACE THE IDEA OF WHAT WE'RE DOING, 'CAUSE WE KNOW IN THE END, WHAT WE'RE DOING IS HONOURABLE. ACTUALLY, I HAVE A DEGREE IN POLITICAL SCIENCE, WITH SPECIALIZATION IN INTERNATIONAL RELATIONS. I'M A FORMER MILITARY; I WAS WITH THE CANADIAN MILITIA WHEN I WAS YOUNGER. I WENT DOWN TO THE AMERICAN MILITARY. I WAS WITH AN ELITE UNIT. AFTERWARDS, I ATTENDED UNIVERSITY, AND I DID MY THESIS ON ABORIGINAL SELF-DETERMINATION, ON HOW ABOUT WE HAVE TO TAKE THE INITIATIVE. IF WE WANT TO CONTROL OUR DESTINIES AND CREATE A DESTINY THAT'S GONNA BE BENEFICIAL FOR OUR PEOPLE, WE HAVE TO BE WILLING TO STAND UP AND GO OUT AND TAKE THAT POLITICAL INITIATIVE AND MAKE IT HAPPEN. EVEN IF IT MEANS THAT WE HAVE TO BE AT ODDS WITH THE CANADIAN GOVERNMENT. FOR A LOT OF PEOPLE, THEY MAY SEE THAT AS DETRIMENTAL. THEY MAY SAY, "MY GOD, WHY? LOOK AT THE CONSEQUENCES INVOLVED." BUT I ALWAYS ASK, "LOOK AT THE CONSEQUENCES OF INACTION." IF OUR CONDITION RIGHT NOW, WHAT WE CONSIDER "PEACE" WITH THE CANADIAN NATION, PRODUCES THE HIGHEST SUICIDE RATES IN THE WORLD, SOME OF THE HIGHEST INCARCERATION RATES IN THE COUNTRY; ALCOHOL, DRUGS, SPOUSE/CHILD ABUSE, WAY BEYOND ANYTHING COMPARABLE TO THE NON-NATIVE SOCIETY; WHY ARE WE TRYING SO HARD TO MAINTAIN THIS CONDITION? SO IF I STAND AND MAKE A FIGHT FOR MY PEOPLE, I'M FOLLOWING THE TRADITIONS OF A WARRIOR, LOOKING OUT FOR THE NEXT SEVEN GENERATIONS. AND I'M DOING SOMETHING THAT PROBABLY WON'T HAPPEN UNLESS SOMEBODY TAKES ON THIS TYPE OF MENTALITY. -WHAT WE REALIZED WE HAD TO DO WAS TAKE OUR OWN RESOURCES INTO OUR HANDS. UNDER OUR ESGENOOPETITJ FISHING POLICY, WE HAVE THE CAPACITY TO ISSUE OUR OWN LICENSES. WE TAKE A UNIQUE APPROACH TOWARD THAT VAST MAJORITY OF OUR PEOPLE FISH IN THE FALL. THAT'S OUR TRADITIONAL FISHING SEASON. THE NON-NATIVE SOCIETY AND THE COMMERCIAL FISHING, THEY FISH IN THE SPRING. BUT DURING THE FALL SEASON, AFTER THE MOULTING, THEY'RE MORE PLENTIFUL WITHIN THE BAY. I'VE HAD SINGLE WOMEN WITH THREE, FOUR CHILDREN FISHING THREE, FOUR TRAPS. THREE OR FOUR TRAPS A DAY ARE ABLE TO SUPPLEMENT AND GIVE THEIR CHILDREN A BETTER LIFE. WE DO NOT ISSUE 300 TRAPS PER INDIVIDUAL. WE ISSUE FOUR PER INDIVIDUAL. IT GIVES APPROXIMATELY 6,100 TRAPS IN THE FALL TO FISH. WE HAVE NEVER, EVER, NO WAY NEAR, EVER CAME TO FISHING THAT AMOUNT. THERE'S SOME PEOPLE THAT DON'T FISH ON THE LARGER SCALE. THEY FISH TO SUPPLEMENT THEIR INCOME, THEY FISH TO SUPPLEMENT THEIR FOOD STORAGE, THEY FISH TO MAINTAIN A CULTURE. YOU CAN'T REFLECT THAT WITHIN A DFO'S AGREEMENT. THEY CAN'T ADDRESS THAT. THEY'VE CONSTANTLY TAKEN A PARENTAL ATTITUDE OF WHERE, "WE KNOW WHAT'S BEST - NOT ONLY FOR YOU, BUT FOR THE RESOURCE." MIND YOU, THEY BROUGHT MANY SPECIES TO DECIMATION, TO THE BRINK OF EXTINCTION. AND THEY ARE STILL THINKING THEY KNOW WHAT'S BEST. IF THEY WERE HONOURABLE, AND IF THEY HAD A GRAIN OF DECENCY AND GOOD SENSE, THEY WOULD TAKE THIS OPPORTUNITY AS A WONDERFUL OPPORTUNITY TO LEARN HOW TO LIVE IN BALANCE WITH THE MOTHER EARTH, AS THE MI'GMAQ DO. AND WE, AS MI'GMAQ PEOPLE, FEEL THAT WE ARE ALSO DEFENDERS OF OUR EARTH, THAT THESE UNBALANCED APPROACHES THAT YOU'RE TAKING HAVE TO STOP. THEY HAVE TO. WE ARE DESTROYING THE RESOURCES THAT FEED US AND THEY'RE NOT GOING TO BE HERE FOREVER, ESPECIALLY THE WAY THEY'RE GOING AT 'EM NOW. INSTEAD OF US BEING PERCEIVED AS A LIABILITY AND A THREAT, WE SHOULD BE PERCEIVED AS A PARTNER. AS A TRUE PARTNER IN THIS COUNTRY. -THE CHIEFS OF THE FIRST NATIONS IN NEW BRUNSWICK HAVE REQUESTED A BIT OF TIME TO BE ABLE TO GET BACK TO THEIR CONSTITUENTS AND THEIR COUNCILS AS WELL AS THEIR ELDERS. IT WAS A VERY GOOD DISCUSSION AND WE LOOK FORWARD TO WORKING WITH THE GOVERNMENT OF CANADA UNDER A BILATERAL PROCESS. -IF YOU'RE LOOKING AT EXTINGUISHING ABORIGINAL RIGHTS... -NO, WE'RE NOT LOOKING AT EXTINGUISHING ABORIGINAL RIGHTS OR THE LIKE. WE NO LONGER HAVE AN EXTINGUISHMENT POLICY, AND THAT'S BEEN MADE VERY CLEAR OVER AND OVER AGAIN ACROSS THE COUNTRY. AND I WANT TO MAKE IT VERY CLEAR HERE, TO YOU, THAT THAT'S NOT THE INTENT. WE'RE TRYING TO DEFINE, OF COURSE, WITHOUT HAVING THE COURTS CONTINUE TO DO IT FOR US, WHAT THE TREATY THAT ALREADY EXISTS WOULD LOOK LIKE IN A MODERN CONTEXT. -THE ATLANTIC POLICY CONGRESS CONSISTS OF FIRST NATIONS CHIEFS FROM ALL OVER THE ATLANTIC PROVINCES, INCLUDING OURSELVES, FROM EASTERN QUEBEC. AND THE ALLIANCES THAT WE FORM AS MI'GMAQ, MALISEET, PASSAMAQUODDY, IS A VERY IMPORTANT ONE. IN THE ATLANTIC PROVINCES, WE HAVE NEVER SURRENDERED OUR LANDS. OUR TREATIES WILL BE A MECHANISM THAT WE NEED TO USE IN THE COMING YEARS IN FIGHTING WITH THE FEDERAL GOVERNMENT. [ Sherry Pictou ]: THERE SEEMS TO BE AN ASSUMPTION HERE THAT WE'RE GONNA INTEGRATE INTO THE LICENSES REGIME, AND IT'S UNFORTUNATE THAT THERE'S NOT EMPHASIS ON LOOKING AT WHAT IS WRONG WITH THAT REGIME AND US COMING UP WITH MORE PRACTICAL SOLUTIONS BASED ON OUR TREATY RIGHT. RIGHT FROM THE ONSET, WHEN THAT SUPREME COURT DECISION CAME DOWN AND SAID THAT THE FEDERAL GOVERNMENT HAD THE RIGHT TO REGULATE THIS, WE SHOULD'VE SAID, "NO, YOUR REGULATIONS ARE NOT ADEQUATE." THAT IS WHAT'S DEPLETING THE RESOURCES. -WE PRODUCE OUR OWN LICENSES, WE DO OUR OWN REGULATIONS. THEY HAVE TO RECOGNIZE OUR LICENSES THAT WE ALREADY ISSUE FOR THAT PURPOSE. SO IT'S KIND OF, LIKE, OPPOSITE OF WHAT THEY'RE PROPOSING. -WHAT WE WANT TO DO IS DEVELOP OUR OWN ENFORCEMENT BRANCH, OUR OWN FISHERIES BRANCH, OUR OWN ABILITY TO ENFORCE OUR OWN REGULATIONS. IN THE SURVEY, I NOTICED THERE ISN'T ANY MENTION OF ANY OF THAT. I HAVE CONCERN THAT THE NEXT ROUND OF MARSHALL, THAT WE'RE GEARING TOWARD MORE LICENSES. -I THINK A LICENSE ON THE OUTGOING MARKET, BEFORE THE MARSHALL DECISION, WAS GOING AT APPROXIMATELY $50,000 TO $70,000. SINCE THE MARSHALL DECISION, I HAVE HEARD IT FLUCTUATES TO $175,000 TO $200,000 PER LICENSE. THE ONLY WAY WE CAN ACCESS TO THOSE LICENSES UNDER THE DFO MANAGEMENT REGIME IS IF WE ENTER INTO AN AGREEMENT WITH THE DFO. WE HAVE A SUPREME COURT RIGHT. WE'RE THE ONLY ONES WITH A SUPREME COURT RIGHT TO EARN A LIVELIHOOD OFF OF FISHING. AND YET, WE ARE THE ONES ON WELFARE. AND WE LOOK AROUND US, FROM NON-NATIVE FISHERMEN TO THE MINISTER DHALIWAL HIMSELF, ARE ALL EXTRACTING SALARIES AND BENEFITS FROM THE FISHERIES, WHICH NONE OF THEM HAVE A SUPREME COURT RIGHT TO. WE DO. -YOU KNOW, THERE WAS A JUDGEMENT OF THE SUPREME COURT WHO SAID THAT THERE ARE RIGHTS FOR NATIVES BUT THAT THE GOVERNMENT HAS THE RESPONSIBILITY FOR ENFORCING THE PROTECTION OF THE FISHERY. -WE WILL NOT ALLOW PEOPLE TO GO OUT AND FISH ILLEGALLY, WE WILL NOT ALLOW UNAUTHORIZED FISHING, AND WE WILL TAKE ENFORCEMENT ACTION. [ Leo Bartibogue ]: I REMEMBER ONE MORNING, WHEN THERE WAS A WHOLE FLEET COMING TOWARDS US. AND WE JUMPED ON OUR DORIES - AND THESE ARE THE SMALL LITTLE DORIES, ABOUT 16-FOOT TO 12-FOOT DORIES - AND WE ALL LOOKED AT EACH OTHER AND WE ALL KIND OF SHOUTED AT EACH OTHER NOT TO... STAND YOUR GROUND. YOU KNOW, WE'RE FISHING HERE, WE'RE NOT DOING ANYTHING WRONG. THAT'S ALL WE'RE DOING. BUT THEY CAME AND CAME AND THEN, THERE WERE SO MANY OF THEM. -GO BACK TO SHORE! -WE'RE ON THE LINE WITH THE DEPUTY MINISTER! -GO TO SHORE! -EVERY TIME THEY CAME, THERE WAS A LITTLE MORE AGGRESSION. AND EVERY TIME THAT WE WENT OUT, WE WERE REALLY UNSURE ABOUT ANYONE OF US COMING BACK TO SHORE. SO IT REALLY GOT A LITTLE SCARY FOR A LOT OF US. [ shouting ] -PROTECT YOUR FUCKING HEAD! -YOU ARE VIOLATING OUR RIGHTS, YOU KNOW THAT? -GRAB IT! GRAB THE TRAP! [ shouting ] -...RIGHT BEHIND THEM. HOLY FUCK! THEY'RE TRYING TO RAM HIM! HOLY FUCK! THE FUCKER IS SPINNING HIM! -BUT FOR SOME, I'VE SEEN THE LOOKS IN THEIR EYES. YOU KNOW, I'VE SEEN THE PROUDNESS IN THEIR EYES AND I KNOW THAT THEY WERE COMMITTED. THEY MADE A COMMITMENT TO STAY IN THE WATERS REGARDLESS OF THEIR OWN SAFETY. AND THAT PUT A LOT OF PRIDE BACK IN OUR HEARTS. [ cheering and whooping ] -IT'S THE PROUDEST DAY OF MY LIFE! THIS IS WHAT IT'S ALL ABOUT! [ Tina Young ]: OUR INHERENT RIGHTS ARE BEING THREATENED, WORSE THAN THEY EVER BEEN BEFORE. WE ARE LIVING IN A DANGEROUS TIME RIGHT NOW, AS FAR AS THE RELATIONSHIP WITH THE FEDERAL GOVERNMENT AND THE ABORIGINAL PEOPLE. BECAUSE OF MY RACE, BECAUSE OF WHO I AM, IT'S A CONSTANT FIGHT AND STRUGGLE JUST TO SURVIVE. FOR EXAMPLE, MY DAUGHTER. SHE'S 14 YEARS OLD. STATISTICALLY, SHE'S SUPPOSED TO DROP OUT OF SCHOOL, BY, YOU KNOW, 15 AND 16, AND A STRONG POSSIBILITY OF COMMITTING SUICIDE. UH... THOSE ARE JUST BECAUSE SHE'S AN ABORIGINAL FEMALE, BECAUSE OF THE FACT THAT, YOU KNOW, OF WHO WE ARE. AND TRYING TO BEAT THE ODDS, TO KNOW, FOR MY CHILDREN... IS HARD WORK. [ Isabel Bartibogue ]: I WATCHED MY SON LEO, AND HE WAS IN A WHOLE BUNCH OF DFOs OUT ON THE WATERS. AND HE WAS OUT THERE ALL BY HIMSELF. AND THEY WERE JUST GOING REAL FAST, TRYING TO TIP THE BOAT. I WAS TERRIFIED, REALLY. I WAS TERRIFIED AND THERE WAS NOBODY ELSE AROUND, NOT OUR BOATS OR ANYTHING. IT WAS JUST HIM THERE. AND I COULDN'T TAKE IT. I WENT IN MY BEDROOM AND I COVER UP UNDER THE BLANKET, CRIED MY HEART OUT. I MEAN, IT'S... I NEVER CRY IN FRONT OF PEOPLE AND... IT'S JUST THE IDEA THAT THERE WAS... I PRAY A LOT, I PRAY A LOT ABOUT GOD TAKING CARE OF THEM, AND I KNEW HE WOULD. SO AFTER A WHILE, SOMEBODY KNOCKED ON MY DOOR AND SAID, "LEO GOT AWAY." I AM VERY PROUD OF THEM. BUT THE THINGS THAT I GO THROUGH WHEN THEY'RE OUT THERE... BUT THEY'LL SURVIVE. EVERYONE OF THEM WILL SURVIVE. AND THEY'LL GET WHAT THEY'RE FIGHTING FOR. NO MATTER WHAT, I GUESS. -I'M VERY PROUD TO BE FROM BURNT CHURCH. IT PULLED US... WHAT I'VE SEEN LAST FALL, IT PULLED US TOGETHER LIKE ONE BIG FAMILY. AND WHEN WE DID THAT, IT MADE US TEN TIMES AS STRONG. IT WASN'T REALLY 'TIL THE FALL TIME, WHEN I WANTED TO BE SWORN IN AS A PEACE OFFICER FOR BURNT CHURCH. ON SEPTEMBER 12, WE HEARD A DISTRESS CALL FROM THE CHIEF. ON OUR WAY TO GO RESPOND TO THE CALL, WE WERE INTERCEPTED BY THE RCMP. WHEN THEY CAME ON OUR BOAT, WE WERE TEAR-GASSED AND... AND WE COULDN'T SEE NOTHING UP UNTIL THEY GOT REALLY CLOSE AND THEY STORMED OUR BOAT, THEY SHOVED US RIGHT DOWN AND THEY HAD MACHINE GUNS. ONE GUY HAD HIS KNEE ON MY NECK AND HE YELLED INTO THE BACK OF MY HEAD. THEY DID THAT TO ALL OF US ON THE BOAT. I TOLD THEM THAT WE WERE OFFICERS AND THEY JUST IGNORED US. -WELL, I COULDN'T SEE ANYTHING WHEN WE WERE TEAR-GASSED. THE OTHER BOAT TOOK OFF AND WHEN WE WERE BEING TOWED IN, WE SAW THAT OTHER BOAT UPSIDE DOWN IN THE WATER. [ Curtis Bartibogue ]: THE RESTIGOUCHE BOAT THEY CAPSIZED AND ALL THE GUYS FLEW OFF THE BOAT. THAT'S HOW HARD THEY WERE RAMMED BY THE RCMP. -I WAS AFRAID THAT THEY'D KILLED THEM. I ASKED THEM WHAT HAPPENED TO THE GUYS AND STUFF LIKE THAT AND THEY WOULDN'T ANSWER US. THEY WOULDN'T TELL US WHERE THEY'RE TAKING US. THEY JUST WOULDN'T ANSWER US ANYTHING. IT SEEMED LIKE THEY PARADED US THROUGH NEGUAC. WHEN WE WERE COMING IN, THERE WERE SO MANY PEOPLE AT NEGUAC WHARF... ALL THE NON-NATIVES WERE JUST LAUGHING AT US AND STUFF LIKE THAT. IT WAS AWFUL. WHEN YOU GO TO NEGUAC, WHEN YOU TALK TO NON-NATIVES UP THERE - WHEN IT'S NOT FISHING SEASON - THEY'RE PRETTY NICE, YOU KNOW, THEY'RE DECENT. BUT ONCE IT'S FISHING... ONCE IT'S FALL TIME, THEY DON'T EVEN SPEAK TO US. PEOPLE DON'T EVEN WAVE AT US NO MORE. THERE ARE SOME NON-NATIVES I KNOW THAT SUPPORT US. YOU KNOW, THEY SAY, "YOU GUYS HAVE THE RIGHT TO FISH." BUT IT SEEMS LIKE THOSE PEOPLE DON'T SPEAK OUT ON OUR BEHALF. -I FELT PRETTY SAD BECAUSE, AS A KID, GROWING UP, I LOOKED UP TO THE RCMP. I THOUGHT MAYBE I'D BE AN RCMP. AND WHAT I SEEN LAST FALL, ARE JUST... ALL THEY ARE TO ME NOW ARE JUST MAYBE MODERN-DAY INDIAN FIGHTERS. -HOW WE GOT INVOLVED IS THAT, UH... WE HAVE ABOUT A 100-YEAR-OLD PROTOCOL. YOU KNOW, WHEN ANOTHER MI'GMAQ NATION ASKS FOR HELP, WE JUST CAN'T STAND BY AND SEE 'EM SUFFER. YOU KNOW, WE GOT A CALL AND FIVE MINUTES LATER, WE WERE PACKING UP AND ON OUR WAY. WE HAD A CONVOY GOING, SO AS SOON AS WE LEFT HERE, YOU KNOW, WE COULD SEE THE RCMP'S AROUND THE SURROUNDING AREA AND SORT OF LIKE HAD AN EYE ON US. SO, REALLY, WE SAID, "WELL, WE'LL GO AS FAR AS WE CAN AND WE'LL SEE IF THEY STOP US." WE ARRIVED, YOU KNOW, WITH NO MAJOR PROBLEMS, AND THEY WERE VERY, VERY HAPPY. WE COULD SEE THAT. EVEN WHEN WE WERE DRIVING OUR BOATS IN, A LOT OF THEIR PEOPLE COMING IN AND HUGGING US AND SHAKING OUR HANDS AND SAYING, YOU KNOW, "VERY, VERY HAPPY THAT YOU DECIDED TO HELP US." I'VE SEEN THAT WE ARE SO STRONG WHEN WE HELP EACH OTHER AND STICK WITH EACH OTHER. AND EVEN IF THE RESULTS AREN'T SOMETHING THAT WE WANT, AT LEAST ONE THING FOR SURE, YOU KNOW, WE'RE UNITED. [ narrator ]: MORE AND MORE FIRST NATIONS PEOPLE CAME TO SUPPORT THE MEMBERS OF ESGENOOPETITJ IN THEIR STAND. -WHAT HAPPENS HERE, IN THE EAST COAST AFFECTS THE WEST COAST FISHERY. NATIVE PEOPLE ALL ACROSS THE COUNTRY, THEY'RE STARTING TO KNOW THEIR RIGHTS, THEY'RE STARTING TO EXERCISE THOSE RIGHTS. BUT ALSO AN IMPORTANT THING IS THAT WE HAVE TO PROTECT THOSE RIGHTS BY ANY MEANS NECESSARY. I WAS ON THE BOAT WITH DANNY. WE GOT SWARMED AND... THE DFO PRETTY MUCH RAN OVER US. -I JUST SEEN SOMETHING COMING AND I LOOKED OVER AND I JUST HIT THE FLOOR. AS SOON AS I HIT THE FLOOR, THE BOAT CAME RIGHT OVER TOP OF ME. WHILE I WAS LAYING THERE, I WAS PUSHING THEIR BOATS AWAY SO THAT THEY WOULDN'T GRAB ME. THEY HIT ME ON THE BACK A FEW TIMES AND... THEY WERE TRYING TO HIT ME IN THE FACE BUT I DUCKED. AND I CLIMBED UP ON THE BOAT AGAIN. I MANAGED TO STAND UP AND THEY HIT ME FROM BEHIND AND I FELL FORWARD INTO THEIR BOAT AND THAT'S WHEN THEY GRABBED ME. IT WAS A LUCKY THING FOR ME THAT MORNING, 'CAUSE NORMALLY I GO OUT THERE AND I DON'T WEAR A LIFE JACKET. BUT FOR SOME REASON, THAT MORNING, I HAD A LIFE JACKET ON. AND I THINK THAT'S WHAT SAVED ME, 'CAUSE, YOU KNOW, WITH ALL THE GEAR THAT I HAD ON, I HADN'T EXPECTED TO BE IN THE WATER THAT QUICKLY. THE BOATS KEPT COMING UP RIGHT UP TO ME AND I'D KICK THE BOATS AWAY AND TELL 'EM TO SCREW OFF OR WHATEVER. FINALLY, THEY PEPPER-SPRAYED ME ON ONE BOAT. I TRIED TO SWIM AWAY FROM THAT ONE AND ANOTHER BOAT WOULD BE PEPPER-SPRAYING ME TO GO BACK TO THE OTHER BOAT TYPE OF THING. SO FINALLY, I COULDN'T SEE, AND ALL THE STUFF WAS GOING IN MY MOUTH TOO AND IT WAS GETTING HARD TO BREATHE. AND FINALLY, THEY TOOK ME ON BOARD. THEY CHARGED ME WITH OBSTRUCTION, ASSAULT... AND ASSAULT WITH A DEADLY WEAPON. [ Alanis ]: WHAT WAS THE DEADLY WEAPON? -A PADDLE. [ Danny Ward ]: I WAS TOLD THAT I ASSAULTED NINE DFO OFFICERS THAT MORNING, AND I WAS THE ONE FLOATING IN THE WATER. -I'M A PEACE OFFICER FOR THE BURNT CHURCH FIRST NATIONS PEOPLE. IT WAS A JOB, AT ONE TIME, I USED TO REALLY ENJOY. OVER THE PAST COUPLE OF YEARS, IT HASN'T BEEN TOO, TOO GOOD AT ALL. DON'T EVER THINK THAT I'M GONNA BE STANDING BESIDE THE RCMP OR THE DEPARTMENT OF FISHERIES AND OCEANS. NO. I CAN'T AND I WON'T. [ narrator ]: IN NEW BRUNSWICK, THE RCMP PROVIDES THE PROVINCIAL POLICING SERVICES. IT IS THEIR DUTY TO MAINTAIN PEACE AND TO CONDUCT AN INVESTIGATION INTO THE ACTIONS THAT TOOK PLACE ON THE WATER THIS SUMMER. -...SHOULD THE RCMP NOT PROCEED WITH LAYING CHARGES, WE'LL BE LEFT WITH THE DEFINITE PROOF THAT THERE ARE TWO LEVELS OF LAWS IN CANADA: ONE FOR THE FIRST NATIONS, ONE FOR THE OTHER CANADIANS. -WHAT WE'VE SEEN IS EXTREMELY UNCANADIAN. AND IT'S NOT THE CANADIAN WAY TO MAINTAIN THE PEACE IN CANADA, SO WE'LL BE LOOKING AT THIS VERY, VERY SERIOUSLY. -WE HAVE AN OBLIGATION TO ENFORCE WHENEVER THERE'S UNAUTHORIZED OR ILLEGAL FISHING AND WE'LL CONTINUE TO DO THAT. -I WAS STILL IN THE MILITARY DURING THAT TIME. I WENT THROUGH THE OKA CRISIS, BEING ON THE WRONG SIDE OF THE FENCE, TYPE OF THING. NOW, I CAME OUT OF THE MILITARY, I THINK, YOU KNOW, JUST IN TIME, BECAUSE I DIDN'T WANT ANYTHING TO DO WITH THE FEDERAL GOVERNMENT AT ALL, CONSIDERING, YOU KNOW, WHAT WAS HAPPENING WITH OUR PEOPLE HERE. WHEN WE HAD THE CONFLICT THERE, I WAS DOING A LOT OF SWEAT-LODGE CEREMONIES FOR THE WARRIORS AND THE PEOPLE THAT WANTED TO GET INVOLVED WITH IT. AND WE'RE OUT IN THE WATER AND STUFF, KNOWING THAT WE'VE DONE ALL WE CAN, YOU KNOW, SPIRITUALLY, TO PREPARE OURSELVES TO DO WHAT WE HAVE TO DO, YOU'RE NOT AFRAID, YOU KNOW. YOU DO WHAT NEEDS TO BE DONE AND, YOU KNOW, IT'S... IT'S A COMFORT TO KNOW THAT WHAT YOU'RE DOING IS THE RIGHT THING. THERE'S NO, UH... I DON'T HESITATE TO DO WHAT I DID LAST SUMMER, YOU KNOW, BECAUSE I WAS WELL PREPARED SPIRITUALLY, YOU KNOW. EMOTIONALLY, PHYSICALLY. EVERYTHING ALL FIT TOGETHER. -BUT WHEN INDIVIDUAL FIRST NATIONS PEOPLES, SUCH AS BURNT CHURCH, TAKE NECESSARY AND COURAGEOUS STEPS TO RAISE THE STANDARDS FOR ALL, I WILL BE THERE TO STAND WITH THEM. WHEN THEY POINT OUT TO CANADIANS THAT FAIRNESS AND EQUITY ARE ESSENTIAL, IF THERE IS ULTIMATELY TO BE SOCIAL PEACE AND JUSTICE IN THIS COUNTRY, I WILL BE THERE TO STAND WITH THEM. AND I THINK EVERY EFFORT SHOULD BE MADE BY THE MINISTER HIMSELF TO GIVE INSTRUCTIONS TO HIS PEOPLE... FIRST OF ALL TO BACK OFF AND TO GIVE INSTRUCTIONS TO HIS PEOPLE TO CONSIDER THAT THE MANAGEMENT PLAN THAT HAS BEEN DEVELOPED BY THE BURNT CHURCH, TO BE ABLE TO SIT DOWN AND RESOLVE THIS AND HOPEFULLY THAT SOME LOGIC AND RATIONALE WILL PREVAIL SO THAT WE DO NOT HAVE AN OKA SITUATION. [ Shane Ward ]: THERE WAS QUITE A FEW HAULERS TAKING OUT THE TRAPS AND BIG ZODIAKS WERE DEFENDING THEM. ONE OF THEM GOT ME. I GOT RUNNED OVER. YOU KNOW, COULD'VE BEEN MY BACK, MY HEAD, MY LEG. PRETTY CLOSE. -I DIDN'T THINK NOTHING WOULD HAPPEN, YOU KNOW. I DIDN'T THINK IT WOULD BE THAT SERIOUS. I THOUGHT IT WOULD JUST BE ANOTHER RAID, TAKE OUR TRAPS AND CAT-AND-MOUSE GAME. BUT THAT MORNING, WHEN THEY RAN MY FRIENDS OVER, IT WAS SOMETHING ELSE. -HOLY FUCK!! -I THOUGHT THEY KILLED SOMEBODY. I COULDN'T BELIEVE WHAT THEY DID. IT HAPPENED SO FAST, IT WAS UNBELIEVABLE. I THOUGHT THEY RAN MY FRIENDS OVER AND THAT WAS IT. AND THEN I SEE MY FRIENDS STAND UP AND I SEEN THE BOAT TURN AROUND, MADE A CIRCLE, AND I THOUGHT THEY WERE JUST GONNA PULL UP BESIDE THEM AND TRY TO ARREST THEM AND DO THEIR THING, BUT THE BOAT DIDN'T STOP AND JUST RAN OVER THEM A SECOND TIME. THEY DIDN'T THINK THE FIRST TIME WAS GOOD ENOUGH. -HOLY FUCK! -OH, MY GOD! -AH! THEY'RE GONNA GET RUNNED OVER! -FUCK! THEY'RE KNOCKING PEOPLE IN THE WATER! [ Leo Bartibogue ]: WHEN WE GOT TOWARDS THE BOAT, I SHOUTED AT MY BROTHER BRIAN TO PULL THEM UP. AND HE WAS TRYING TO PULL THEM UP, BUT... THESE OFFICERS WERE HITTING US WITH BATONS, PREVENTING US FROM PICKING THEM UP IN THE WATERS. SO HE WAS REALLY STRUGGLING FOR HIS LIFE, HERE. A FEW OF OUR FRIENDS CREATED A DIVERSION FOR THEM. SO THEY CAME AND STARTED THROWING THINGS, LIKE ROCKS, AND THAT GAVE US ENOUGH TIME TO LIFT THIS YOUNG INDIVIDUAL IN THE BOAT AND TAKE OFF FROM THERE. THERE'S TIMES THAT YOU GET NUMB TO IT A LITTLE BIT. AND THEN YOU START REALIZING THAT, "OKAY, WE MUST DO THIS, WE MUST KEEP GOING." YOU KNOW, WE CANNOT... WE CANNOT STOP NOW. WE CANNOT BOW DOWN TO THESE GUYS. AND WE DIDN'T. SO I TIP MY HAT OFF TO THESE YOUNG MEN, BECAUSE THEY GOT THE BOAT OUT OF THE WATER, ABOUT MAYBE AN HOUR AFTER IT HAPPENED, AND GOT ANOTHER MOTOR, PUT THE MOTOR BACK ON THE BOAT AND OFF THEY WENT OUT AGAIN. -I DIDN'T REALLY SEE HOW BAD IT WAS UNTIL I SAW THE TAPE OF WHAT HAPPENED. THAT WAS WHEN IT WAS REALLY SCARY. BECAUSE I ALMOST DIED OUT THERE AND... I DON'T WANT TO LEAVE MY KIDS YET. IT'S HARD TO BELIEVE THAT WE HAVE TO FIGHT THIS HARD FOR SOMETHING THAT'S OURS ALREADY. THIS FALL, IF THIS HAPPENS AGAIN, I WON'T BE OUT THERE. [ Alanis ]: NO? -NO. I JUST DON'T... IT'S NOT TIME FOR ME TO LEAVE THIS WORLD YET. DON'T WANNA LEAVE MY KIDS YET. [ narrator ]: THE 2000 FALL FISHING SEASON WAS OVER AND THE COST OF PREVENTING THE MI'GMAQ PEOPLE FROM EXERCISING THEIR RIGHTS WAS $15,000,000. -YOU THINK IT'S GONNA END TOMORROW? TODAY? NO. IT CONTINUES. UNTIL THE PEOPLE START SEEING US... OR THE GOVERNMENT STARTS SEEING US AS EQUALS. [ narrator ]: BY SPRING 2001, THE COMMUNITY STILL HAD NOT SIGNED AN AGREEMENT WITH THE CANADIAN GOVERNMENT. HOWEVER, 31 OUT OF 35 MI'GMAQ BANDS HAD SIGNED. THE PEOPLE OF ESGENOOPETITJ HAD BECOME FRACTURED WITH THE INCREASING PRESSURE. AND THE AIR OF UNCERTAINTY HUNG HEAVY WHILE WAITING FOR THE NEXT FALL FISHING SEASON TO START. -I SEE PARTRIDGES AND SQUIRRELS, SNAKES, SOMETIMES RACOONS. THIS WINTER, THERE WAS A BABY SEAL ON THE WATER, LOST. AND IT WAS LONELY AND IT WAS ON THE ICEBERGS ALL ALONE AND IT WAS JUST A BABY. -I SEEN SIX BEARS, ONE MOTHER AND FIVE LITTLE BABY BEARS WAY DOWN NEAR THE HIGHWAY. MY DAD STOPPED AND LOOKED AT THEM. THEY WERE CLIMBING UP IN THE TREE. IT LOOKED REAL CUTE, I REALLY LIKED THAT. [ narrator ]: MEANWHILE, THE MI'GMAQ PEOPLE HAVE TO RAISE MONEY TO GET TO COURT AND FACE THE CHARGES FROM LAST YEAR'S ARRESTS. [ Leo Bartibogue ]: WE DON'T HAVE ANY FUNDING TO GET COUNSEL. WE'RE RUNNING OUT OF AVENUES, WE'RE RUNNING OUT OF IDEAS ON HOW TO BEAT THIS IN COURT. IT'S VERY DIFFICULT FOR ALL OF US TO STAND IN FRONT OF THEM AND WATCH THEM DECIDE OUR FATE. YOU KNOW, THEY'RE SUPREME COURT OF CANADA RECOGNIZED OUR INHERENT RIGHT TO FISH AND THAT'S ALL WE'VE BEEN DOING. I KNOW I HAVE A CHARGE FOR ASSAULT AND OBSTRUCTION IN THE FISHERY ACT, YOU KNOW. AND ALSO CRIMINAL CODES OF ASSAULT AND OBSTRUCTION. APPARENTLY, ONE OF THE DEPARTMENT OF FISHERIES AND OCEANS SAID THAT I BRUSHED UP ON HIM, TOUCHED HIM ON THE CHEST OR WHATEVER IT WAS. AND THOSE ARE THE CHARGES WE'RE LOOKING AT. -I'M TO BE SENTENCED ON MAY 29, ON MY BIRTHDAY. BUT I'LL BE FISHING AGAIN RIGHT AFTER THAT, PROBABLY THE NEXT DAY. WHAT THE COURT IS DOING TO US IS A PROCESS OF CRIMINALIZATION. I'VE GOT NO CRIMINAL RECORD. I'VE ALWAYS BEEN A STAND-UP PERSON WITHIN MY OWN COMMUNITY. BUT WHEN I GO OUT INTO THE WATER, VERY LIKELY I WILL GET CHARGED, THERE WILL BE JAIL TIME. I HAVE TO ASK, I MEAN, ARE WE AT WAR... IS THE CROWN AT WAR WITH US? -THINK WE'RE GONNA GET THAT LEGAL FUNDING? -I CERTAINLY HOPE SO. I THINK SO. -THOSE ARE ALL OUR CHILDREN WATCHING US COME OUT OF COURT. MY KID'S ON THERE. [ child ]: UNCLE BRIAN! -THAT'S THE BURNT CHURCH BUS, HEY? YEAH. -YOU'VE DRAGGED US CRIMINALS IN FRONT OF OUR CHILDREN, HEY? [ honking ] -THE LEGAL SIDE WAS DEFINITELY ANOTHER CRISIS THAT WE FACED. THERE WERE PROBLEMS WITH DISCLOSURES. THERE WAS PROBLEMS WITH HAVING NO LEGAL COUNSEL ON RECORD TO OBTAIN THE DISCLOSURES. PEOPLE WERE BEING CHARGED AND NOT KNOWING WHY THEY WERE BEING CHARGED, OR WHAT OFFENCE THAT THEY HAD COMMITTED. ALL THEY KNEW WAS THAT THEY WERE GOING OUT FISHING TO EXERCISE THEIR TREATY RIGHTS AND THAT WOULD BE THE END OF IT. AND HERE WE ARE TODAY. [ Brian Bartibogue ]: I KNOW MY GRANDPARENTS, 11,000 YEARS AGO, FISHED THE SAME TERRITORY I DO AND NOT ONE, NO ONE SITTING IN THIS ROOM BESIDES ABORIGINAL PEOPLE CAN SAY THAT. AND I HAVE TO SIT HERE AND PROVE TO YOU... IT IS A DISGRACE. MR. LEVOI, HE WOULD LIKE TO SAY THAT SERIOUSNESS IS ONLY MEASURED BY A JAIL TERM. I'LL TELL YOU, FROM THE POVERTY OF MY FIRST NATION, SERIOUSNESS IS MEASURED IN A LOT OF DIFFERENT WAYS. TO HAVE CHILDREN COME UP TO YOU WITH BLOOD TRICKLING DOWN FROM THEIR FACES BECAUSE WHERE THEY LIVE, AND TO BE TOLD, "OH, IT'S NOT SERIOUS." THE RAMIFICATIONS OF WHAT HAPPENED HERE TODAY, IF IT GOES IN A NEGATIVE DIRECTION, IT VERY WELL COULD COST OUR PEOPLE'S LIVES. GETTING THE STATE-FUNDED COUNSEL IS TO MAKE SURE THAT OUR DEFENCE IS THE BEST POSSIBLE DEFENCE THEY CAN COME UP WITH WITHIN YOUR COURT SYSTEM. SO, I WOULD LIKE TO RESPECTFULLY SUBMIT THOSE ARGUMENTS TO YOU, THAT THIS IS IN THE INTEREST OF FAIRNESS. -ULTIMATELY, THE ISSUE IS ONE OF SOCIAL JUSTICE, THE RIGHTS OR ARGUMENTS ALONG THE WAY. BUT WHAT WE'RE REALLY TALKING ABOUT IS ADDRESSING A MASSIVE DISPOSSESSION, MASS DENIAL OF RIGHTS, DENIAL OF ACCESS TO MEANS OF SUBSISTENCE. IT'S A DISASTER TO HAVE THE GOVERNMENTS TAKING THIS VERY HARD LINE AND SAYING, YOU KNOW, "SHOW US IN EVERY CASE, BLUEBERRY BUSH BY BLUEBERRY BUSH AND FISHERY BY FISHERY AND TREATY BY TREATY AND COMMUNITY BY COMMUNITY THAT YOU STILL HAVE THE RIGHTS, OR THESE RIGHTS EXIST." BECAUSE THEY'RE CREATING RESENTMENT AND PENT-UP DESIRE FOR ECONOMIC BENEFIT, WHICH WILL COME BACK TO HAUNT THEM, IT SEEMS TO ME. I MEAN, WHAT MESSAGE ARE YOU SENDING PEOPLE? THEY GO TO THE COURT, THEY WIN... THE GOVERNMENT DOESN'T RESPECT THE DECISION. SO WHAT DO YOU EXPECT PEOPLE TO DO? WHAT ARE YOU TEACHING YOUR KIDS? THAT THE BEST THING TO DO IS TO PICK UP A GUN. IT'S ENCOURAGING THE MOST RADICAL KIND OF RESPONSE, WHICH IS JUST SCARY. -I CAN'T RESPECT THESE PEOPLE BECAUSE OF WHAT THEY'VE DONE TO OUR PEOPLE AND WHAT THEY'VE DONE TO OUR CHILDREN. THEY HAVE SCARRED OUR COMMUNITY A GREAT DEAL. AND THEN THEY GO BACK TO THEIR COURTS AND THEY SIT THERE LIKE THEY'RE THE GOOD GUYS. -DO YOU NEED A LIGHT? DO YOU NEED A FLASHLIGHT? -BE CAREFUL! [ Leo Bartibogue ]: WHEN THEY CHOKED OUT A FEW OF OUR BOYS OUT THERE, ONE OF THEM HAPPENED TO BE MY BROTHER. HE WAS JUST COMING HOME ON THE BOAT THERE. THEY GOT TWO ZODIAKS RAMMING IT, THEY BOARDED IT AND HE HAD TO JUMP IN THE WATER. HE STAYED IN THE WATER APPROXIMATELY AN HOUR, AT NIGHT, TO STAY AWAY FROM THESE GUYS. -YOUR CHILDREN WILL BE EMBARRASSED BY WHAT YOU'RE DOING HERE! -HE WENT RIGHT BY OUR FACE AND HE TOOK OUT HIS GUN AND HE POINTED IT RIGHT AT ME. I SAID, "SHOOT! SHOOT ME!" -THEY CALLED MY BROTHER IN THAT NIGHT AND ASKED HIM TO COME BACK ON THE BOAT AND NOBODY WILL HARM HIM. AND, YOU KNOW, HE'S SPEAKING TO HIM IN OUR LANGUAGE. SURE ENOUGH, MY BROTHER SWIMS AND WHEN HE GETS ON BOARD, THEY ALL GRAB HIM CHOKE HIM OUT AND PUT A BEATING ON HIM. THEY BRUISED HIS KNEES AND HIS ANKLES AND HE HAD MARKS AROUND HIS THROAT. YOU KNOW, THAT'S THE KIND OF STUFF THAT THEY DID. [ Brian Bartibogue ]: MY BODY WAS DAMAGED IN SEVERAL AREAS: MY KNEES, THE BACK OF MY NECK, MY LOWER BACK, MY TAILBONE. I WAS CHOKED TO UNCONSCIOUSNESS AND ROUGHED UP PRETTY BAD. I WAS SHACKLED DOWN TO THE POINT WHERE THE CIRCULATION ON MY FOOT WAS ACTUALLY TURNING PURPLE. I MYSELF COME FROM A LAW-ENFORCEMENT BACKGROUND. I'M A FORMER CONSTABLE FROM BURNT CHURCH FIRST NATION. WENT WITH THE RCMP FOR A SHORT PERIOD OF TIME IN AN ABORIGINAL TRAINING PROGRAM. FROM THERE, I MOVED TO CHIEF OF POLICE IN MY FIRST NATIONS. SO MY CHILDREN, MY TWO BOYS, ISAAC AND DARRIEN, WERE BOTH RAISED WITH ME BEING A POLICE OFFICER AND THE SADDEST PART OF THAT TIME WAS WHEN MY CHILDREN HAD ASKED ME IF I WAS A BAD GUY. -I FELT SAD BECAUSE OF ALL WHAT HAPPENED TO ALL THE PEOPLE THAT... THEM FIGHTING FOR OUR RIGHTS OF FISHING AND NOW THEY'RE... A COUPLE OF THEM WERE IN THE HOSPITAL AND THEY'RE GETTING HIT AND EVERYTHING. -I WOKE UP IN THE NIGHT AND I SEEN THEM. I SEEN THEM RAMMING MY DAD AND EVERYBODY ELSE. I WISH THEY NEVER DID THAT, BECAUSE THEY THINK WE'RE JUST TRYING TO NOT SHARE WITH OUR LOBSTER. WE COULD SHARE. -I'M MAD. IT'S LIKE THEY'RE JUST TRYING TO... DESTROY EVERYTHING THAT WE HAVE AND TAKE OVER. -I DON'T KNOW, LIKE, WHAT THEY'LL DO NEXT. THEY MIGHT EVEN ACCIDENTALLY KILL SOMEBODY. [ narrator ]: LAST YEAR'S TROUBLED WATERS LEFT THE PARENTS AND CHILDREN WITH A FEELING OF DISCOURAGEMENT. A SUMMER CAMP WAS ORGANIZED AND A CIRCLE WAS CREATED WHERE ALL COULD BELONG. [ Miigam'agan ]: THEY'VE HAD QUITE AN IMMERSION OF THEIR CULTURE. IT WAS REENACTED, HOW OUR COMMUNITIES WERE 30-40 YEARS AGO. AND I'M QUOTING AN ELDER FROM OUR COMMUNITY, THAT THIS IS THE LIFESTYLE THAT HE REMEMBERS. WE WERE, YOU KNOW, SHARING OUR FOOD AND LIVING TOGETHER. IT WAS REALLY WHOLESOME. [ Luke Mitchell ]: WE HAD ACTIVITIES. WE HAD MARSHMALLOWS AT NIGHT, WE LEARNED HOW TO DRUM, WE LEARNED HOW TO MAKE BASKETS, AND CRAFTS OUT OF CLAY. [ MIIGAM'AGAN ]: WE HAD ALSO TEENAGERS THERE WHO WERE VOLUNTEERING. THERE WERE CAMP LEADERS. THE YOUNGER ONES REALLY LOOKED UP TO THEM AS ROLE MODELS. IT WAS SUCH A SUCCESS ALL THE WAY AROUND. PART OF THE OBJECTIVE OF THIS CAMP WAS ALSO TO TRY AND ESTABLISH A HEALTHIER RELATIONSHIP WITH THE AUTHORITIES. IT WAS A MIRACLE TO SEE THE CANADIAN ARMY AND ABORIGINAL RANGERS WORK TOGETHER TO BUILD... TO PUT UP THE CAMPS FOR THE YOUTH. AND OUR CHILDREN GOT TO WITNESS THAT THIS WAS ALL FOR THEM. [ Leo Bartibogue ]: WE HAVE OUR OWN WAY WITH THEM. LIKE WE TAKE 'EM OFF A LITTLE FURTHER DOWN THE RIVER, MAYBE, AND LET THEM DO WHATEVER THEY WANT ON A BOAT. LIKE WE KIND OF DRIVE A LITTLE FAST WITH THEM AND THEY JUMP OFF THE BOAT. AND THAT'S WHAT THEY LIKE. WE CAN'T DO THAT IN FRONT OF THE COUNSELLORS. THEY'D GET UPSET. [ Miigam'agan ]: IT WAS GOOD TO SEE THAT THEY WERE FEELING SAFE ENOUGH TO START TO SHARE HOW THEY FELT ABOUT WHAT HAPPENED LAST YEAR. AND DURING THE SWEAT-LODGE CEREMONIES, IT WAS SOMETHING TO WITNESS, AND HEAR THEM TALK ABOUT THEIR PRAYERS, THAT THE FEDERAL AUTHORITIES LEAVE THEIR PARENTS ALONE, LET US FISH IN PEACE; IT'S OUR CULTURE. AND SO... YOU KNOW, HEARING THEM SAY THAT IS LIKE, UM... MAKES ME FEEL HOPEFUL THAT... THAT WE'RE GOING TO HAVE, YOU KNOW, A VERY STRONG FUTURE. [ narrator ]: BACK IN THE COURTROOM, THE JUDGE'S DECISION WAS THAT THE FEDERAL GOVERNMENT SHOULD PROVIDE FUNDING FOR THE MI'GMAQ'S LEGAL COUNSEL. -I FEEL OPTIMISTIC. IT'S BEEN A REALLY LONG HAUL... LOOKING FOR LEGAL CONSULTATION. WE HAVEN'T BEEN TOO SUCCESSFUL IN RAISING THE FUNDS THAT WE NEED TO GET PROPER LEGAL ADVICE AND REPRESENTATION. SO I HOPE THAT THIS DECISION ON THE ONE CASE FOLLOWS THROUGH IN THE REST OF THEM, BECAUSE THEY'RE ALL COMPLEX AND IT IS A VERY IMPORTANT ISSUE. AND LIKE THE JUDGE SAID, IT AFFECTS MANY, MANY, MANY ABORIGINAL PEOPLE, IF NOT ALL. -BUT TODAY'S A GOOD DAY. IT'S GOOD NEWS FOR ALL OF US. -WHAT IS THE COST TO THE CANADIAN PEOPLE AND THE TAXPAYERS FOR DENYING ABORIGINAL RIGHTS? IT'S BECOMING MORE EXPENSIVE TO DENY ABORIGINAL PEOPLE THAN IT IS TO ALLOW THEM TO EXIST UNDER THEIR OWN SOVEREIGNTY AND JURISDICTION AND DEAL WITH THEM IN A GOOD-FAITH MANNER ON A NATION-TO-NATION BASIS. [ narrator ]: IN AUGUST 2001, THE COMMUNITY HELD ITS BI-ANNUAL ELECTION. THE CURRENT CHIEF, WILBUR DEDAM, AND LEO BARTIBOGUE RAN FOR CHIEF. CHIEF DEDAM WAS REELECTED BY A VERY CLOSE MARGIN, WITH A FEW CHANGES IN HIS COUNCIL. LEO WAS ELECTED AS A BAND COUNCILLOR. THE PRE-ELECTION ANXIETY AND THE CONTINUED PRESSURE FROM THE GOVERNMENT TO SIGN AN AGREEMENT WITH THE BAND COUNCIL LEFT THE COMMUNITY TORN APART. AND ANOTHER FISHING SEASON WAS ABOUT TO BEGIN. -THERE'S ABOUT 1,300 PEOPLE HERE ON THE RESERVE. [ Alanis ]: AND THE MAJORITY IS VERY YOUNG? -OH, THE MAJORITY HERE IS VERY YOUNG. YEAH, THERE'S A LOT OF YOUNG PEOPLE HERE THAT'S... THAT'S THE ONES I WENT TO GO SEE A LOT DURING THE ELECTION. THEY CAME HERE, WE TALKED ABOUT A LOT OF THINGS. THERE ISN'T REALLY TOO MUCH FOR THEM TO DO ON THE RESERVATION. IT'S SO BOXED IN, THERE'S NOT MUCH TO DO. THERE'S NO DANCES, THERE'S NO PLAYGROUND FOR THEM, THERE'S NO BASKETBALL COURT, NO BASEBALL... THERE'S NOTHING LIKE THAT FOR THEM TO DO AROUND HERE. YOU CAN IMAGINE WHAT, IF THERE'S NOTHING HERE FOR THEM TO DO, WHAT'S LEFT, YOU KNOW? THERE'S DRUGS AND ALCOHOL. AND YOU KNOW WHAT IT LEADS TO AFTER THAT: SUICIDE, STUFF LIKE THAT. A LOT OF PEOPLE ARE ANXIOUS TO GO BACK TO FISHING. I KNOW I AM. THAT'S PART OF MY LIFE. [ A boat goes by. ] [ Alanis ]: IS THAT BRIAN? -YEAH. HA! HA! HA! CRAZY BRIAN! HE'S SOMETHING ELSE, HEY? HE'S A GOOD GUY, BRIAN. YEAH. HE CARES A LOT ABOUT THE COMMUNITY, TOO. [ Alanis ]: HE DIDN'T RUN THIS YEAR? -NO, HE DIDN'T RUN. [ laughter ] -THE RESULTS OF THE ELECTION HAVE BEEN DISAPPOINTING FOR ME, I'M NOT GONNA HIDE THAT. THE CURRENT LEADERSHIP AND THE BALANCE OF POWER HAVE SHIFTED TO LEADERSHIP THAT'S BEEN PRONE TO SIGNING AGREEMENTS OR HOPING THAT THE COMMUNITY WILL PREVAIL, THAT THE COMMUNITY WILL STAND UP AND CONTINUE TO DEFEND THEIR TREATY RIGHT AND... IF THE PEOPLE LEAD, YOU KNOW, OUR LEADERS WILL FOLLOW. AND THAT'S WHAT GOT US TO THIS POINT SO FAR, THAT OUR COMMUNITY WILL HAS BEEN VERY STRONG IN THE DEFENCE OF OUR TREATIES AND WE WON'T ALLOW ANY INDIAN ACT CHIEF AND COUNCIL TO INTERFERE WITH THAT. AND I THINK THAT IS WHAT IS ECHOING THROUGHOUT THIS COUNTRY, THAT THE FEDERAL GOVERNMENT INITIATIVES AND POLICIES NO LONGER WILL DO. -IT REMAINS THE DECISION OF BURNT CHURCH NOT TO ENTER INTO AN INTERIM AGREEMENT AS PROPOSED BY THE FEDERAL GOVERNMENT, BUT TO FISH UNDER OUR OWN FISHERIES MANAGEMENT PLAN. -CHIEF AND COUNCIL'S LOOKING FOR SOLUTIONS WITHIN THE CANADIAN SYSTEM. AS LONG AS CHIEF AND COUNCIL'S IS WILLING TO STAY ON THE RIGHT PATH AND FIGHT FOR THEIR PEOPLE, WE'LL ALWAYS BE WILLING TO BACK THEM UP. 'CAUSE WE DON'T SEE THEM JUST AS CHIEF AND COUNCIL, WE ALSO SEE THEM AS MEMBERS OF OUR COMMUNITY. AND WE'LL BE WILLING TO BACK THEM AS LONG AS THEY'RE DOING THE RIGHT THING FOR THE PEOPLE. IF THEY DO SOMETHING THAT'S DETRIMENTAL TO THE PEOPLE, THEN WE HAVE NO CHOICE: WE HAVE TO TURN AROUND AND TELL THEM, "WE DON'T RECOGNIZE YOUR ACTIONS. WE CAN NO LONGER SUPPORT WHAT YOU'RE DOING AND WE'LL GO OUT AND DEFEND THE PEOPLE THAT WISH TO FISH ACCORDING TO THEIR INHERENT RIGHT." -I, MYSELF, I JUST WANT EVERYTHING TO STOP. I WANT US INDIANS TO FISH. I WANT US TO LIVE OUR LIVES THE WAY WE USED TO BE. THIS IS OUR CULTURE, OUR WAY OF LIFE. US PEOPLE THAT DON'T HAVE JOBS, THAT ARE STILL ON SOCIAL ASSISTANCE... THAT CAN'T EVEN GO OUT IN THE REAL WORLD AND TRY TO GET A JOB. WE TRY BUT WE CAN'T. SOME PEOPLE DO, UH... REJECT US, YOU KNOW? THEY DON'T... THEY WON'T GIVE US A JOB, SOME OF THEM. BECAUSE OF OUR COLOUR, MAYBE. OR THE WAY WE LIVE OR SOMETHING. I'M NOT TOO SURE. WE ONLY HAVE THIS AND THE WOODS. IF THEY SHUT THIS DOWN, WE HAVE NOTHING. -YOU KNOW, IT'S BAD ENOUGH YOU GO AND CASH YOUR WELFARE CHEQUE. EVERYBODY IN THE NON-NATIVE COMMUNITY KNOWS; WE GO AND WE CASH OUR WELFARE CHEQUES AT THEIR STORES. THEY LOOK AT US, "YEAH, WE'RE ON WELFARE, YOU KNOW." BUT... THE... THE FEELING OF HAVING IT BOUNCE... WILL... IT KILLS YOUR SPIRIT. ARE PEOPLE WILLING TO MAKE A CHANGE? ARE THEY WILLING TO OPEN UP THEIR EYES AND SEE? OR DO THEY JUST NOT CARE? OR HAS IT BEEN 500 YEARS OF OPPRESSION THAT'S GOT US TO THIS POINT WHERE... WE'RE PSYCHOLOGICALLY INCAPABLE OF MAKING IT CHANGE? I DON'T KNOW. WE CAN'T DO IT. I MEAN, IT'S NOT LIKE IT WAS FIVE YEARS, THIS JUST HAPPENED IN THE PAST FIVE YEARS. THIS TAKES YEARS AND YEARS AND YEARS. AND GENERATION AFTER GENERATION. -WHOO! -ONE DAY, I WAS TALKING TO A KID AND HE WAS TALKING ABOUT HOW HE CAN'T WAIT 'TIL HE GETS HIS OWN WELFARE. I MEAN... THAT'S NOT RIGHT. I DON'T LIKE THAT. SO I TALKED TO HIM AND TALKED ABOUT FISHING AND... OR WORKING IN THE WOODS. YOU KNOW, THERE'S MORE THAN JUST HAVING WELFARE, YOU KNOW? IT REALLY GOT ME GOING. IF WE STAND NOW AND HAVE THE RIGHT TO FISH IN THE FUTURE, THAT PERSON WON'T HAVE TO RELY ON WELFARE AND LOOK FORWARD TO WELFARE WHEN HE GETS OLD ENOUGH. HE WILL HAVE MORE. HOPEFULLY. I SEE THE SAME EYE WHEN I LOOK AT THE OLD LEADERS, THE PICTURE, AND I SEE IT IN OUR KIDS. I SEE THE SAME EYE, YOU KNOW, THE SPARKLE. IT'S POWERFUL. THEY FEEL IT. IF THEY'LL BE MY LEADER, I'LL FOLLOW. [ Isabel bartibogue ]: THESE TRAPS WERE DONATED BY OTHER RESERVES, 'CAUSE OUR FISHERMEN LOST ALL THEIR TRAPS, THE DFO TOOK THEM ALL. AND EVERY TIME THAT HAPPENS, PEOPLE FROM OTHER RESERVES, EVEN ALL THE WAY BACK FROM ONTARIO, THEY DONATED FOOD OR THE TRAPS, AND SOME EVEN... THE BIG COVE GUYS EVEN BROUGHT THEIR BOATS WHEN WE LOST SOME OF OURS. SOME OF THEM HAVE TO BE REPAIRED A LITTLE, I GUESS, BUT THEY'RE STILL GOOD ENOUGH TO USE. THEY'LL LOSE 'EM ANYWAY. -WE'RE MANAGING THE FISHERY WITH THE FISHERMEN FROM BURNT CHURCH, WITH 26 RANGERS FROM ESGENOOPETITJ. IT'S ALL VOLUNTEER, ON A VOLUNTARY BASIS. IT'S THE SAME SITUATION AS LAST YEAR, WHEN IT WAS LIKE THAT. TWENTY-FOUR HOURS, SEVEN DAYS A WEEK, WE HAD RANGERS FROM RESTIGOUCHE RESERVE THAT CAME IN AND ASSISTED US. THE COMMUNITY, AGAIN, WAS THERE AS WELL TO HELP. HELP PROTECT OUR RIGHTS AND OUR FISHERY. NONE OF US ARE ARMED. WE DON'T SEE ANY NEED FOR US TO BE ARMED, 'CAUSE WE'RE HERE TO PROTECT OUR PEOPLE, AS OPPOSED TO GOING INTO A GUNFIGHT-TYPE THING. DON'T NEED THAT. IT'S NOT GONNA SOLVE NOTHING. [ Mark Simon ]: THERE'S A LOT OF RCMP AROUND NOW. THEY'RE AT THE WHARF, BURNT CHURCH WHARF. THEY GOT THEIR OWN HEADQUARTERS IN NEGUAC. ONE DAY THEY COULD COME HERE, THEY'LL BE 20 COP CARS NEXT DAY. THAT'S HOW IT GOES. IT'S JUST RIGHT IN BETWEEN THE COMMUNITIES, NEGUAC AND BURNT CHURCH, THEY GOT THEIR MAIN HEADQUARTERS. SO THEY'RE KEEPING AN EYE OUT. YOU SEE HELICOPTERS, YOU SEE PLANES GOING BY. IT'S NOT WHAT IT WAS LAST YEAR, BUT... IT ONLY TAKES... IT DON'T TAKE LONG FOR THAT TO COME BACK.' -WELL, I FELT VERY GOOD LAST YEAR. OUR POLICING MODEL WAS A MODEL THAT WE CALLED THE "MEASURED APPROACH". AND THAT MEASURED APPROACH WAS FOUNDED UPON TWO FUNDAMENTAL PRINCIPLES. THAT WAS FOR MUTUAL RESPECT OF BOTH COMMUNITIES AS WELL AS RESPECT AND THE DIGNITY OF ALL PEOPLE. AND PARAMOUNT WITH THAT MEASURED APPROACH WAS THE EMPHASIS ON A PROBLEM-SOLVING APPROACH THAT DEALT WITH MANY TOOLS IN A TOOLBOX CALLED COMMUNICATION, DIALOGUE, FACILITATION. AND THE LAST TOOL THAT WE EVER WANTED TO USE WAS ONE OF ENFORCEMENT. AND I THINK OUR MODEL WAS A GREAT SUCCESS LAST YEAR, WHEN YOU COMPARE THE CRISIS... COMPARED TO OKA, IPPERWASH AND GUSTAFSON LAKE. OUR PRESENCE HERE, ONCE AGAIN, IS TO... ACHIEVE OUR FUNDAMENTAL GOAL OF SAFE HOMES, SAFE COMMUNITIES. -AT THIS POINT, I'M FEELING THAT... THE ONLY WAY TO AVOID ANYMORE VIOLENCE, IT SEEMS LIKE WE HAVE TO SILENCE OURSELVES UP, AGAIN QUIET, SO WE WON'T BE TARGETED. NO VIOLENCE WILL COME OUR WAY. BUT IF WE DON'T EXERCISE OUR RIGHTS, IF WE DON'T ASSERT OUR RIGHTS, WE'LL DIE, SPIRITUALLY. AND SO WE'LL DIE PHYSICALLY ALSO. -THE BAND HAS SAID IT WOULD BEGIN... [ narrator ]: DHALIWAL INFORMS THE MI'GMAQ PEOPLE THEY HAVE THE NEXT SEVEN DAYS TO FISH LEGALLY, IN HOPES THAT HE CAN NEGOTIATE AN AGREEMENT IN THIS TIME. -RIGHT NOW, SENIOR OFFICIALS FROM MY DEPARTMENT ARE IN NEW BRUNSWICK, PREPARED TO MEET IMMEDIATELY WITH THE COMMUNITY'S NEWLY ELECTED CHIEF AND COUNCIL. -ALL WE'VE WANTED TO DO IS FISH AND PROVIDE FOR OUR CHILDREN. IT IS HARD TO EARN A MODERATE LIVELIHOOD IN SEVEN DAYS, WITH 500 TRAPS FOR A COMMUNITY OF 1,500 PEOPLE. THE MATH JUST DOESN'T WORK. [ reporter ]: HE SAYS THIS ISN'T A COMMERCIAL LICENSE AT ALL. THIS IS ONLY FOR CEREMONIAL AND FOOD PURPOSES FOR THE POW WOW. WHAT DO YOU THINK OF THIS LICENSE? -WELL, THE REALITY IS, HE'S USING A DOUBLE LANGUAGE. HE IS ON ONE HAND SAYING, YES, THERE'S A COMMERCIAL COMPONENT. ON THE SECOND HAND, HE'S SAYING THAT THERE'S A FOOD AND SOCIAL AND CEREMONIAL. [ reporter ]: IS THIS GOOD ENOUGH? -OH, ABSOLUTELY, POSITIVELY, WITHOUT A DOUBT IN MY MIND, NO. -WELL, THIS IS A DECLARATION WAY BEYOND HIS JURISDICTION. NOW, I SAY THAT BASED ON THE FACT THAT, AS MI'GMAQ PEOPLE, WE HAVE NEVER GIVEN AWAY OUR LANDS OR OUR RESOURCES. PEOPLE HAVE TO REALIZE THE NATURE OF OUR TREATIES. THEY'RE PEACE AND FRIENDSHIP. THIS ISN'T LAND SURRENDER, THIS ISN'T ANY TYPE OF CONDITIONAL SURRENDER. WE HAVE NEVER GIVEN UP SOVEREIGNTY, WE HAVE NEVER GIVEN UP TRADITIONAL GOVERNMENT. THAT DOESN'T EXIST WITHIN THE CONTEXT OF OUR TREATIES. SO HOW IS IT THAT THE MINISTER OF FISHERIES AND OCEANS CAN JUST WALK IN AND NOW TELL US, "YOU CAN FISH." IT'S NOT UP TO THEM. -NOW THEY'RE GIVING US SEVEN DAYS. WHAT HAPPENS ON THE EIGHTH? AGAIN, WE'LL HAVE TO SEE AND WATCH FROM THE SHORELINES. IT'S LIKE LAST YEAR. -WELL, I WENT FISHING ANYWAY. GOT MY LOBSTER. -THIS IS DAY FOUR OR FIVE. PUT TRAPS IN AND I STILL HAVEN'T CHECKED 'EM YET. JUST DON'T HAVE TIME. MOTOR WAS DOWN. JUST DON'T HAVE TIME TO DO IT. THE PROBLEM IS, RIGHT NOW, BURNT CHURCH'S GETTING ISOLATED. A LAW-ENFORCEMENT SIEGE IS BEING CONDUCTED AROUND BURNT CHURCH AND THEY WANNA ISOLATE US. SO THE ONLY THING WE GOT IS JUST OURSELVES AND WHAT LITTLE RESOURCES WE HAVE TO FIGHT THIS OFF, RIGHT? [ Alanis ]: HOW ABOUT BOATS? -THAT'S A BIG PROBLEM. LACK OF BOATS. [ Alanis ]: NONE COME IN? -OH, FROM, UH... [ Alanis ]: NO, I MEAN TO HELP YOU OUT. -WELL, TWO OF 'EM TRIED TO COME IN ON THE WEEKEND FROM BIG COVE, BUT THE RCMP TURNED THEM AROUND. WE'RE NOT GETTING 'EM IN. -OH, I DON'T KNOW WHAT'S GONNA HAPPEN WITH THIS DFO. THEY'RE GONNA GIVE US A WEEK OR SOMETHING LIKE THAT, THEY SAID? BUT I'M GONNA HAUL OUT MINE, HAULING THEM OUT MONDAY. MONDAY MORNING, YEAH. JUST TO BE ON THE SAFE SIDE, ANYWAY. [ Alanis ]: DID YOU HAVE ANY OF YOUR TRAPS SEIZED? -LAST FALL, YEAH. I HAD SEIZED 100. YEAH. I PUT IN 50, THEY SEIZED 'EM ALL. I PUT ANOTHER 50 IN AND THEY SEIZED 'EM ALL AGAIN. YEAH. NEVER GOT THEM BACK. [ Wendell Metallic ]: I WAS WONDERING WHY A FACILITY LIKE THIS FOR A SMALL COMMUNITY, A SMALL AREA LIKE THIS. -ALL WE'RE ASKING IS EVERYBODY, ON ALL SIDES, TO ENSURE THAT EVERYBODY TREATS EVERYBODY WITH MUTUAL RESPECT AND UNDERSTANDING AND WE'RE JUST HERE TO KEEP THE PEACE. -BUT THIS IS ALSO IN CONJUNCTION WITH THE DFO. YOU HAVE TO. YOU ARE WORKING WITH THE DFO ON THIS OPERATION. -NO, WE'RE WORKING WITH EVERYBODY TO ALLOW DIALOGUE, COMMUNICATION -DIALOGUE TO HAPPEN, 'CAUSE THIS IS ALL WE WANT: PEACE. AND THIS IS KIND OF INTIMIDATING WHEN YOU SEE ANYTHING LIKE THIS FOR A SMALL COMMUNITY OF 1,500 TO-- -WE'RE HERE FOR YOUR PROTECTION AS WELL. -I HOPE SO. I HOPE TO GOD IT'S NOT TO ENFORCE THE DFO REGULATIONS AND THE FEDERAL GOVERNMENT'S WAY OF INTIMIDATING THE PEOPLE OF ESGENOOPETITJ AND THE SURROUNDING AREA. 'CAUSE I WASN'T EVEN AWARE OF THIS BUILDING, WHAT WAS GOING ON 'TIL I HEARD A FEW INDIVIDUALS. AND WE'RE JUST DOWN FOR THE POW WOW THIS WEEKEND. I HOPE WE DON'T NEED TO COME BACK FOR ANYTHING ELSE. -I HAVE TO GO OUT THERE. I CAN'T EXERCISE MY RIGHTS ON LAND. I HAVE TO BE OUT IN THE WATER. I ALREADY HAVE SOME TRAPS OUT. MY WIFE DON'T WANT ME TO GO OUT. SHE DOESN'T... SHE THINKS I SHOULDN'T BE OUT THERE THIS TIME, BECAUSE I'VE BEEN GETTING CALLS LEFT AND RIGHT FROM... [ Alanis ]: THREATENING CALLS? -NO, GOVERNMENT OFFICIALS. AND THESE CALLS ARE ALL... THEY'RE ALL KIND OF WARNING ME ABOUT, YOU KNOW, "THINK ABOUT ALL THIS. THINK ABOUT WHAT'S GOING ON." I AM A LITTLE BIT CONCERNED ABOUT MY LIFE. I AM. [ narrator ]: RATHER THAN RECOGNIZING THE MI'GMAQ TREATY RIGHTS, MINISTER DHALIWAL PERSISTED IN OFFERING NEW AGREEMENTS, EACH WITH A DIFFERENT SET OF RESTRICTIONS. -A LIMITED SMALL-SCALE COMMERCIAL FISHERY... UH... IN A RESTRICTED AREA OF MIRAMICHI BAY. [ narrator ]: THE LATEST OFFER INCLUDED AN EXTENSION OF THE FISHING SEASON TO OCTOBER 20th. BUT WITHIN A SMALLER BOUNDARY AND FOR ONLY 900 TRAPS. -THESE TYPES OF AGREEMENTS ARE NOTHING MORE THAN EQUIVALENT TO SOMEBODY STEALING YOUR VEHICLE AND TRYING TO NEGOTIATE HOW MANY HOURS YOU CAN ACTUALLY ACCESS YOUR OWN VEHICLE. -WE NEED TO GO OUT, WAY OUT. BECAUSE IT GETS COLDER, THE WATER GETS COLDER AND THE LOBSTER GETS FURTHER. -THE LOBSTER GOES OUT WHEN THE WATER GETS COLDER. -BOUNDARIES MEANS RESERVATION. IT'S ANOTHER PART OF PUTTING ANOTHER RESERVATION IN THE WATER FOR US. -THERE'S RUMOURS THAT THEY'LL COME IN AND DESTROY OUR TRAPS OR PEOPLE WILL COME IN AND FIGHT US. AND THAT SCARES ME. I DON'T ALLOW MY CHILDREN TO GO OUT LATE, 'CAUSE WE'RE... I'M SCARED THAT SOMETHING'S GOING TO HAPPEN OR, YOU KNOW, SOMEBODY WILL TAKE THEM OR... YOU KNOW. -I HOPE NOBODY GETS HURT OVER THIS. BUT MY OPINION IS, WE HAVE TO DO THIS. WE HAVE TO DO THIS. WE CAN'T KEEP BACKING DOWN. AND NOW, WITH THIS NEW BOUNDARY LINE THAT THEY'RE IMPOSING, THERE'S NOTHING THERE TO FISH. I MEAN, THERE'S NOTHING THERE. AND THEY KNOW THAT WE HAVE TO FOLLOW OUR LOBSTER OUT. WE'VE BEEN DOING THAT FOR YEARS. [ Alanis ]: GO CLOSER! HEY! COME HERE! I WANNA TALK TO YOU! -THERE'S NO REACTION FROM THEM. YOU'LL GET NO REACTION FROM THEM. [ man ]: THEY REFUSE AN INTERVIEW. [ native singing and drums ] [ Jason Ward ]: I HAVE TEN TRAPS SET OUT, RIGHT ALONG IN FRONT OF THE WHARF, WHERE THE BOATS POACHED. I LOST TRAPS AND I KNOW MANY PEOPLE HERE, IN BURNT CHURCH, THAT WERE ALL SET ALONG THE BORDER, WHERE ALL THIS WAS HAPPENING. THE RCMP WAS SITTING ON THE WHARF. THEY HAVE HIGH-POWERED BINOCULARS. THEY SEEN... THEY WOULD HAVE TO SEE. IT WAS STILL DAYLIGHT. -THE NON-NATIVES, 22 BOATS, STARTED GRABBING OUR TRAPS. THEY WERE A KILOMETRE OFF OUR SHORELINE, SO IT WASN'T VERY FAR AWAY. AND WE COULD WATCH THEM FROM OUR SHORELINE. WE WERE JUST SITTING THERE, BASICALLY AS A SPECTATOR WOULD, WATCH WHAT'S GOING ON. SO IT'S VERY EVIDENT, THE ACTIONS THAT WERE BEING TAKING PLACE. THE RCMP WERE JUST A LITTLE WAYS DOWN, ON THE WHARF, WERE ALSO WATCHING WHAT WAS GOING ON. BUT DID ABSOLUTELY NOTHING. -I CALLED 9-1-1, THEY HANGED UP ON ME. MY GIRLFRIEND CALLED 9-1-1, THEY HANGED UP ON HER. HER FATHER CALLED, THEY HANGED UP ON HIM. -AT THAT POINT IN TIME, WE REALIZED WE HAVE TO DO SOMETHING OURSELVES. SO THE RANGERS, OUR BURNT CHURCH RANGERS, WENT OUT IN... I BELIEVE IT WAS TWO BOATS - MAYBE THREE VERY SMALL BOATS - TO GO TAKE ON 22 NON-NATIVE FISHING BOATS. AS THEY GOT OUT THERE, THAT'S WHEN THE RCMP STARTED TO MOBILIZE. NOT TO GO ON THE WATER AND STOP THE NON-NATIVE FISHERMEN FROM DESTROYING OUR GEAR, BUT TO GO AFTER OUR GUYS. -THEY SAID THEY'RE INVESTIGATING. THEY HAVEN'T QUESTIONED NOBODY ABOUT TRAPS BEING LOST. THEY CERTAINLY HAVEN'T COME TO SEE ME, ANYWAY. I DON'T CARE IF THEY COME AND SEE ME OR NOT. THEY DIDN'T GO TO HELP ME OUT ANYWAY. IT'S BEEN PROVEN LAST YEAR AND THE YEAR BEFORE. THEY'RE NOT HERE TO HELP NATIVE PEOPLE. IT'S GETTING TO BE EXPENSIVE. LAST YEAR, I LOST 70-SOME TRAPS. I BARELY HAD ENOUGH TO GIVE TO MY FATHER, TO MY AUNT AND UNCLE, THE FAMILY, YOU KNOW. BUT OTHER THAN THINKING THAT I MADE MONEY OFF THAT, I DON'T KNOW NATIVE PEOPLE IN BURNT CHURCH ARE MAKING TOO MUCH MONEY ON THIS. -THEY TALK ABOUT... THE INDIANS ENDANGERING THEIR LIVELIHOOD... WITH NO REGARD TO... INDIANS MAKING A LIVELIHOOD. THEY'VE MISTAKEN OUR KINDNESS FOR WEAKNESS. -WHY CAN'T WE FISH? THERE'S 240,000 TRAPS OUT THERE AS WE SPEAK TODAY. 240,000 TRAPS... WE ONLY HAVE 5,600. AND... I JUST DON'T UNDERSTAND IT. I DON'T UNDERSTAND WHY THE BIG FUSS, YOU KNOW? WHY IS IT THAT WHEN WE HAVE OUR 5,600 TRAPS IN THE WATER, IT'S CONSERVATION; WHEN THEY HAVE 240,000 IN THERE, IT'S A LIVELIHOOD. I JUST DON'T UNDERSTAND. -BRAVO, BRAVO, THIS IS ARCHANGEL, OVER. [ radio ]: GO AHEAD. -YEAH, WE JUST NEED CONFIRMATION THAT THREE DFO BOATS ARE LEAVING NEGUAC WHARF. OVER. [ radio ]: OKAY, 10-4. WE'RE GOING TO TAKE A CLOSER LOOK FROM AN ADVANTAGE POINT. OVER. -ROGER THAT. OVER. [ Alanis ]: THE DEADLINE IS OVER WITH NOW. -AS YOU CAN SEE, WE'RE STILL FISHING. ACTUALLY, THIS IS TOO FAR. THEY WANT US FURTHER INSIDE WHERE THERE'S NO LOBSTER. WHAT WE WANT IS THE WHOLE BAY. IT'S GOOD OVER THERE. THE HORSESHOE, THEY CALL THAT. AND THAT'S THE PLACE WHERE THEY'RE PROTECTING. THEY DON'T WANT US NEAR THERE BECAUSE THERE'S A LOT OF LOBSTER THERE. AND WHAT THEY'LL DO IS, THEY WILL GATHER THEIR FORCES TO CHASE US OUT. AND IT'S REALLY HARD WHEN YOU HAVE TO LOOK OVER YOUR SHOULDER WHEN YOU'RE FISHING. YOU SHOULDN'T BE FISHING LIKE THAT. I KNOW IN THE COMMERCIAL SEASON, THEY DON'T HAVE TO LOOK OVER THEIR SHOULDERS. 'CAUSE WE'RE NOT GONNA BE THERE HARASSING THEM. BUT YET, THEY DO THAT TO US, 'CAUSE THEY DON'T WANT US IN THE WATER, PERIOD. [ narrator ]: THE DEADLINE CAME AND WENT. NO AGREEMENT WAS SIGNED. THE MI'GMAQ KEPT ON FISHING INTO OCTOBER. THE NON-NATIVE FISHERS KEPT ON PROTESTING. THEY CAME IN A FLOTILLA. GUNSHOTS WERE FIRED. IT LOOKED LIKE A WAR ZONE ON THE WATER, WHILE THE CHILDREN AND THEIR PARENTS WATCHED FROM THE SHORE. [ Dylan Somerville ]: HOLY GOD! I CAN'T EVEN COUNT 'EM. WHAT ARE THEY ALL DOING? [ Geronimo Somerville ]: WANT TO SCARE THE INDIANS. WANT TO STOP FISHING. -IS THAT ALL THE INDIANS? -NO. THAT'S WHITE PEOPLE. -HOLY GOD! [ narrator ]: TO THIS DAY, NONE OF THE BOATS AND TRAPS THAT WERE CONFISCATED HAVE BEEN RETURNED. IN FEBRUARY 2002, JOHN DAVID DEDAM WAS CONVICTED AND SENTENCED TO THREE YEARS IN PRISON FOR THROWING ROCKS. THE RESULT OF THE RCMP'S INVESTIGATION WAS THAT THERE WAS NO PROOF OF WRONGDOING ON THE PART OF THE DEPARTMENT OF FISHERIES AND OCEANS. SUBSEQUENTLY, THERE WAS NO GROUND FOR LEGAL ACTION AGAINST THE DFO. THE COURT OF QUEENS BENCH OVERTURNED LAST YEAR'S LOWER-COURT DECISION, WHICH PROVIDED FUNDING FOR LEGAL COUNSEL. CONSEQUENTLY, THE MI'GMAQ WOULD HAVE TO STAND TRIAL AT THEIR OWN EXPENSE. BUT, OF COURSE, THEY TOO WILL APPEAL. -HARD DOING THIS. IT'S A WASTE OF MONEY. REALLY, IF YOU LOOK AT IT, TAXPAYER'S MONEY. THEY SPENT, I THINK, $15,000,000 LAST YEAR. [ Alanis ]: IMAGINE, YEAH. -OF COURSE, THE GOVERNMENT WON'T GET THAT BACK. THAT SHOULD'VE WENT TO THE HOSPITALS AND EDUCATION... INSTEAD OF FIGHTING INDIANS. I MEAN, THEIR RIGHTS ARE THERE. THEY PUT A LOT OF MONEY FIGHTING THE MAN'S RIGHTS, WHERE IT SHOULD'VE WENT THE OTHER WAY. YOU ASK THE GOVERNMENT FOR A GOOD CAUSE; THEY SAY, "NO MONEY." WHERE YOU GET MONEY TO FIGHT THE INDIANS? HEY? IT SOUNDS CRAZY TO ME. YOU? [ Alanis ]: YES. -WHERE DID YOU GET THE MONEY TO FIGHT INDIANS? IT SHOULD'VE WENT TO THE HEALTH CARE OR SOMETHING. -WE DON'T NEED STRENGTH ANYMORE. WE DON'T NEED ANYMORE STRENGTH. WE CAME FROM... BAD SITUATIONS, WE KNOW WHAT IT'S LIKE. WE KNOW WHAT IT'S LIKE TO LIVE IN... YOU KNOW, WITH... SEEING YOUR PARENTS DRINKING, SEEING NO FOOD FOR FOUR DAYS. WE KNOW THIS STUFF. WE HAVE THE STRENGTH. WE KNOW THAT THAT'S WHERE OUR STRENGTH COMES FROM. IT'S A FUCKING HELL OF A WAY TO GET STRENGTH! BUT, YOU KNOW... THAT'S HOW YOU GET IT, YOU KNOW? AND WE HAVE THAT. WE DON'T NEED ANYMORE. WE NEED HOPE. -I'M DETERMINED NOT TO STAY IN A LIFE OF POVERTY. AND I BELIEVE THAT EVERY MEMBER IN ESGENOOPETITJ WANTS TO EXPERIENCE SOMETHING DIFFERENT THAN POVERTY. I WILL CONTINUE TO FISH, AND I WILL CONTINUE TO HUNT AND GATHER. BECAUSE IT'S NOT JUST A LIVELIHOOD, IT'S OUR WAY OF LIFE. THIS IS WHAT DEFINES US AS MI'GMAQ. THAT NEEDS TO BE RESPECTED IN THIS COUNTRY. Captioning by CNST, Montreal