Burnt Church First Nation
The Burnt Church First Nation self-designation Eskɨnuopitijk or Esgenoôpetitj, is one among the Mi'kmaq First Nation counted in the Canadian province of New Brunswick. Your relatives live about 4.5 kilometers south of Lagacéville and 7 km southwest of Neguac on the Miramichi Bay. In March, 2010 1676 people were registered as members of the tribe. Of these, 1174 were living within the reserve, 45 in other reserves, 457 outside.
Their reserves are Burnt Church 14 ( 985.4 ha), Tabusintac 9 ( 3268.7 ha) and Pokemouche ( 151.4 ha).
Outside of Canada East of the strain by conflicts over fishing rights was known in which it was mainly about the securitized since 1759 right of Mi'kmaq to fish for lobster ( lobster ). This could be done by the Mi'kmaq any time after colonial jurisprudence, but there were 2000 and 2001 clashes with non-indigenous lobster traps and with the Royal Canadian Mounted Police. Here boats and fishing gear were destroyed, several Indians came in mortal danger.
History
The name Burnt Church '-, burnt church ' - stems from the fact that during the wars between the British and French, who call themselves Acadians here, the Mi'kmaq hidden many Acadians. The British burned then as part of a campaign to destroy the settlements in 1758 down the church.
1760 joined the British under Governor Charles Lawrence a Peace and Friendship Treaty ( "Treaty of Peace and Friendship ", it literally means ), the Mi'kmaq rely on the up to now. He granted them a unlimited hunting and gathering rights.
In 1841 it was said in a report: " The reserve ... which includes 240 acres, is inhabited exclusively by Indians. The other reserve on the north side of Burnt Church River, consisting of 1400 acres, is in a state of wilderness. There is no way through the area, but in order to avoid disputes should the limits be determined - an investigation is necessary. "
Struggle for fishing rights
In August 1993, Donald Marshall Junior was arrested for violating the fisheries law. He was accused of having captured and sold without permission fish, this furthermore outside the fishing season. Marshall relied on contracts from the years 1760 and 1761, which set him free in his opinion, by these rules. He was convicted, and the Court of Appeal of Nova Scotia ( Nova Scotia Court of Appeal ) did not share his view. But in September of 1999, to the Supreme Court of Canada appeal and freed him from all penalties. The court ruled that he had a contractually guaranteed right to adequate maintenance ( "moderate livelihood " ) by hunting, fishing and gathering of natural resources. The court held that this could not lead to an indefinite economic use that right.
As a result the fishermen of Burnt Church attempted to exercise their right to fish in September and October 1999, but they were prevented by non-indigenous competitors in it. Moreover, these focused to a loss of $ 210,000 by destroying the lobster traps of the Indians. The Department of Fisheries and Oceans ( DFO) and the Royal Canadian Mounted Police ( RCMP ) did nothing, although at least one of the Mi'kmaq was seriously injured. Just at that time appeared a comment the judge, who had at that time voted against the decision. They were of the view that the provincial governments are allowed to regulate treaty rights or their exercise. This they could do on the basis of economic and regional fairness, legal certainty based on historical experience and participation in the fishery by non - indigenous groups. However, they called for a consultation obligation of the competent minister, and at the same time was not to be threat to the right to an adequate livelihood.
Therefore, the Minister of Fisheries of New Brunswick offered 34 groups in agreements, which fixed the number of traps for cash, boats, equipment and training. But many Indians feared a precedent for the restriction of its contractual rights to create, and 5 groups rejected. 29 remained in negotiations or contracts received. This may be due to the fact that tribal counselors were lured with signing authority with bonuses.
Burnt Church refused, Acadia, Afton, Bear River and Indian Brook also. The former developed the Esgenoôpetitj First Nation management plan, on the one hand protect the contract rights, protect the ecosystem and at the same time should ensure that not only a few tribal members benefited.
So fishing permits were issued, the number of cases is limited to 15,000 in the fall and in the spring of 5000. Therefore would be the total number of traps, which was provided on official approvals have been increased by 5000. But the Secretary of State rejected the plan.
Nevertheless, the Burnt Church began with the lobster. The government, confiscated by police boats and traps, there were collisions, assaults, arrests and processes.
Meanwhile, the fisheries policy of the province became more and more criticism. The number of employees fell there from 1996 to 2001 of around 100,000 to barely 10,000, as the government conceded privileges large farms. Even the Catholic Church and the Quakers intervened and demanded respect for treaty rights, but also protection of the remaining fishermen. The battle lines hardened, and so it came back in the 2001 fishing season to violent confrontations. On 1 August 2002 Burnt Church and the Department of Fisheries and Oceans, signed an agreement to Miramichi Bay.
Current Situation
2009, a new school to be built ranging in degrees to K -8 in the reserve.