United Nations Notifies Canada of Gaps in Country's Response to Allegations of Insufficient Action to Protect Mi'kmaq People

SIPEKNE’KATIK, FN – The Committee on the Elimination of Racial Discrimination (CERD) has issued a letter to the Permanent Representative of Canada to the United Nations Office in Geneva. The letter comes after CERD met in its 107th Session in Geneva to consider complaints under its Early Warning and Urgent Action Procedure (‘EWUAP”), which included further consideration of the complaint filed by Mi’kmaq lawyers with respect to the violence against Mi’kmaq Treaty fishers in the fall of 2020.

The letter to Canada draws heavily from the findings and recommendations contained in the recent Peace on the Water Senate report, including the existence of systemic racism in the Department and Fisheries and Oceans Canada (“DFO”); the continued criminalization of the exercise of Mi’kmaq rights and underscores that Canada has yet to fully implement Mi’kmaq rights, an ambiguity that has contributed to violence and harassment. It further requests that Canada provide additional information on the investigation into the violence and the measures being adopted to “respect, protect and guarantee” the rights of the Mi’kmaq people, in light of the Senate recommendations and reminds Canada of CERD’s previous observations recommending Canada ensure full implementation of Indigenous people’s rights, with their free, prior and informed consent.

“This acknowledgement and critical follow up by the United Nations support our rights and our concerns on a global stage and is timely as we prepare to launch our Treaty Fishery this week,” said Chief Mike Sack. “We are appreciative of the work the committee is doing to ensure that our Treaties are recognized and reinforced so the intentions of our ancestors will finally be realized. Today is a good day for the Mi’kmaq.”

Rosalie Francis, one of the Mi’kmaq lawyers who submitted the complaint stated: “I am pleased that CERD is holding Canada accountable on their continued systemic discrimination against the Mi’kmaq people and their criminalization of Mi’kmaq fishers by DFO. Someone needs to hold Canada accountable, or their continued oppression of our people will never end.”