In the early morning dark of April 12, 2023, violence erupted along a Nova Scotia riverbank after a man engaged a woman and a youth in a heated argument. Soon after, seven people arrived. One allegedly assaulted the man with a pipe while another stood nearby wielding a knife and a taser. When the RCMP later arrested two members of the group a short distance away, the officers found two shotguns and a taser.

The altercation is just one of a series of violent disputes that broke out along rivers across the province in March and April, with people reporting being threatened at gunpoint or with knives. In one instance, a young person was hit in the head. In another, a man was shot in the leg.

At the center of this fighting is a lucrative bounty: translucent, toothpick-sized young American eels, known as elvers. Elvers currently sell for roughly $5,000 per kilogram, the most valuable commercial fish in Canada by weight. The fishery is worth nearly $50 million, and the pressure to maximize profit during the brief 10-week harvest contributes to tensions among fishers.

Citing threats to public safety and to the eel population, Fisheries and Oceans Canada stepped in on April 15 to close the fishery for 45 days.

Conflict around elvers is not new, nor is it the only fishery in Atlantic Canada that’s seen so much turmoil. In 2021, a group of men armed with a hatchet and piece of rebar threatened and kidnapped two elver fishers in order to steal their catch. In 2020, Fisheries and Oceans Canada also shut the elver fishery down early, after confrontations broke out between Mi’kmaw fishers and federal fisheries officers. Later that same year, non-Indigenous lobster fishers torched a fishing boat, a truck and a building to protest the Sipekne’katik First Nation opening a small lobster fishery. As part of the same dispute, a mob surrounded a lobster holding facility in West Pubnico, N.S., trapping two Mi’kmaw fishers and four non-Indigenous workers inside.

A common point of contention underlies many of these violent conflicts. First Nations spokespeople, commercial fishers and legal experts agree that Fisheries and Oceans Canada’s decades-long refusal to uphold Indigenous peoples’ right to fish for a moderate livelihood has led to altercations in one fishery after another.

“When there isn’t a resolution to rights issues for Indigenous peoples, it doesn’t go away,” says Rosalie Francis, a Mi’kmaw lawyer from Sipekne’katik First Nation. “The issue was never resolved, so now we see it in another resource area.”

Indigenous nations say Treaty Rights mean control over fisheries

In 1760 and 1761, three Indigenous nations — the Mi’kmaq, Wolastoqiyik and Peskotomuhkati — signed treaties with the British Crown. Known as the Peace and Friendship Treaties, the agreements upheld Indigenous peoples’ right to hunt, fish and trade. For centuries, that right was disregarded by colonial governments.

In 1999, however, Canada’s Supreme Court reaffirmed that right in R. v. Marshall. The defendant in the case was Donald Marshall Jr., a Mi’kmaw man from Membertou First Nation in Nova Scotia. Six years earlier, he had been arrested for fishing for adult eels without a license and selling his catch. The high court’s verdict upheld Marshall’s treaty right to fish year round, including outside commercial seasons, and to earn a “moderate livelihood” — enough income to cover basic necessities but not to “accumulate wealth.”

The ruling, known as the Marshall Decision, applied to members of 34 Mi’kmaq, Wolastoqiyik and Peskotomuhkati communities in Quebec, Prince Edward Island, New Brunswick and Nova Scotia.

Sipekne’katik First Nation members wave a flag that reads, ‘We are all Treaty people,’ while a coast guard helicopter hovers in the background in 2020. Despite a Supreme Court ruling affirming their right to fish, East Coast Indigenous fishers have been met with resistance from Fisheries and Oceans Canada officers and non-Indigenous commercial fishers. Photo: Mark O’Neill / The Canadian Press

Legally, the nations’ Treaty Rights to fish have priority over commercial fishing, though the Supreme Court later clarified that Fisheries and Oceans Canada can curtail First Nations fishing to protect fish populations. What the court did not do, however, was detail how moderate livelihood fishing would work in practice. Instead, it tasked Fisheries and Oceans Canada with developing regulations with the First Nations.

Yet when Indigenous fishers set out to exercise their newly reaffirmed right, Fisheries and Oceans Canada enforcement officers and non-Indigenous commercial harvesters stopped them.

“Once we had got our rights, nobody wanted to share quotas or share the fish,” says Kerry Prosper, an Elder and councillor for Paqtnkek Mi’kmaw Nation in Nova Scotia. “[Fisheries and Oceans Canada] and everybody said [fisheries were] fully subscribed, meaning there’s no room for you.”

The years that followed the Supreme Court ruling earned a heavy moniker: the lobster wars. People rammed each other’s boats, fired guns on the water, cut lobster traps and set vehicles ablaze. The renewed violence decades later suggests that anger has not abated.

In the 24 years since the Marshall Decision, Fisheries and Oceans Canada has tried a handful of approaches to tackle the moderate livelihood question. It spent hundreds of millions on gear and commercial licenses for Mi’kmaw communities. More recently, the department and some First Nations signed controversial Rights Reconciliation Agreements. But those efforts have largely tried to funnel First Nations fishers into existing commercial fisheries. In 2022 and 2023, the federal government took a similar tack: it expropriated 14 per cent of the commercial harvesters’ elver quota and redistributed it to Indigenous communities.

The move angered many.

Unsurprisingly, commercial license holders were not happy with suddenly losing $6 million worth of quota. Michel Samson, a lawyer representing commercial harvesters in a judicial review of the reallocations, says his clients support increasing First Nations access to the fishery. They were prepared to relinquish quota for a fee — the willing buyer–willing seller approach that Fisheries and Oceans Canada has used in multiple fisheries since the Marshall Decision — but their offers were rejected.

“[Fisheries and Oceans Canada] turned around and decided we’ll just take your quota instead,” Samson says. “If you’re going to have a proper reconciliation and new entry into a fishery, you need to compensate those who are in who are prepared to get out.”

But Fisheries and Oceans Canada says that license holders wanted more than market value for the quota. A decision on the judicial review could be issued as soon as this month.

Ken Paul, lead fisheries negotiator and research co-ordinator for the Wolastoqey Nation in New Brunswick, says that from an Indigenous Rights perspective Fisheries and Oceans Canada’s reallocation scheme also doesn’t address the underlying issue: that moderate livelihood fishing is a separate right that has legal priority over the privilege granted to commercial license holders.

“Our position,” says Paul, “is that these fishing licenses are not an accommodation of our rights. These are temporary access.”

Beyond that, Paul notes, the reallocated quota is much less than what a non-Indigenous commercial license holder would have. In 2022, Paul says, the 12,000 members of the Wolastoqey Nation received 200 kilograms of elver quota. “Our members fished that out in five days,” he says.

But if Wolastoqey members choose to fish beyond those 200 kilograms of commercial quota — exercising their treaty right to fish — they encounter other barriers. Because moderate livelihood fisheries are not authorized by Fisheries and Oceans Canada, fisheries officers can fine anyone who buys the catch, including wholesalers and resellers, who can also have their licenses suspended. (The same applies to anyone caught buying from poachers.) The legal risk means that Indigenous fishers often earn a fraction of the high prices that commercial fishers get for elvers and other species.

Ultimately, Paul says, the Wolastoqey Nation wants control over management of fisheries on their territories, including support from Fisheries and Oceans Canada for the nation to conduct scientific work on elvers.

Lack of clarity from Fisheries and Oceans Canada makes confrontation more likely

Fisheries and Oceans Canada’s inconsistent approach to addressing Indigenous treaty rights is not solely a high-level legal dispute. The lack of clarity, says Michael McDonald, a Mi’kmaw lawyer and treaty fisheries manager on contract for Sipekne’katik First Nation, means Indigenous fishers are currently operating in a void that’s made confrontation more likely — including with Fisheries and Oceans Canada officers.

Time and again, says McDonald, Indigenous community members asserting their right to fish have been charged by Fisheries and Oceans Canada enforcement officers. The charges are not for fishing, though. “They get them arguing, and then they charge them with obstruction [of a fisheries officer],” the lawyer says.

Indigenous lobster fishers have had similar run-ins with enforcement. In one 2018 incident, three of McDonald’s clients were fishing lobster for a moderate livelihood when a Fisheries and Oceans Canada officer charged them with fisheries violations and seized their traps. This past January, a Nova Scotia provincial court judge dismissed the charges, saying there was no evidence the fishers had violated Canada’s Fisheries Act.

In a statement, Fisheries and Oceans Canada spokesperson Lauren Sankey says the government is committed to advancing First Nations’ right to fish. But by not clarifying the difference between commercial licenses and Indigenous Rights, Paul says, the government has created a situation where people feel justified opposing Indigenous access. “Our members are afraid to go out there because they’re being persecuted by [Fisheries and Oceans Canada], persecuted by non-native people who feel like First Nations are a threat to their livelihoods.”

Without a plan to implement the Indigenous fishing rights that have been affirmed by Canada’s Supreme Court, we likely haven’t seen the last of this conflict, says Francis. Whether it’s around elvers, lobsters or something else, “this will continue to play out, and play out, and play out, until the government deals with the issues on the table.”

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Matt Miller grew up alongside many of the trees on his parents’ woodlots in rural Nova Scotia. But while most of the trees survived “Hurricane Matt” — his rambunctious childhood and some early, clumsy lessons in forestry from his father — many didn’t survive Hurricane Fiona.

“It definitely feels like we lost some friends back there,” he explains, referring to the damage that happened to his family’s two woodlots in September, during the worst storm to ever hit eastern Canada. 

Located in Greenhill and Earlton, the family’s forests are home to a variety of tree species and make up around 500 acres.

“There’s the loss associated with the big trees, those charismatic, solid trees that you can wrap your arms around and stare up into the canopy, but I think some of the hardest losses are those younger trees that I saw grow up before my eyes,” Miller said.

The family harvests sawlogs, which are sold to a local mill, as well as firewood for selling and personal use. But for them, income is secondary to the real value of the trees. Miller’s grandfather’s ashes are buried in the lot they live on and the healthy forest is his legacy.

Hurricane Fiona made landfall as a post-tropical storm near Whitehead, N.S., on Sept. 24. After two days of heavy rain and wind gusts that reached 179 km/h at their peak, as reported by Environment Canada, the aftermath was three deaths in eastern Canada and severe damage to homes and infrastructure across Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador.

A tree in Charlottetown after Hurricane Fiona, which made landfall in late September. Wind gusts reached 179 km/h at their peak: causing three deaths, severe damage to homes and infrastructure and flattened forests across Atlantic Canada. Photo: Brian McInnis / The Canadian Press

Fiona also ripped into the infrastructure of natural habitats, flattening forests, toppling trees and damaging generational woodlots like Miller’s. Wind disturbance is part of nature, but climate change is expected to increase the intensity of storms hitting Atlantic Canada.

Two decades before Fiona came Hurricane Juan in 2003, which reached wind speeds of 160 km/h and damaged over 600,000 hectares of trees. In 2019, Hurricane Dorian hit Sambro Creek with wind speeds of 155 km/h and caused an estimated $105 million in insured damage, according to the Insurance Bureau of Canada.

The increased intensity of these storms is prompting many to wonder what climate resiliency looks like in a region shaped by lumber markets — not ecosystem health — for the past 100 years.

“As climate change intensifies, we’re going to experience these impacts more and more,” said Daimen Hardie, executive director of New Brunswick-based non-profit Community Forests International.

“We’ve really set ourselves up for this risky situation,” he said. “Whenever something like this happens, it’s a reckoning for everybody.”

The Maritime forest has changed a great deal since the time that it was stewarded by the Wabanaki Confederacy. Old-growth trees have been cleared for agriculture and heavily logged. Replanted forests are often young and homogenous, which increases vulnerability to storm damage. Photo: Darren Calabrese / The Narwhal

The Wabanaki-Acadian forest covers much of the Maritimes and parts of the northeastern United States. The border between boreal forest to the north and temperate species to the south, the Wabanaki-Acadian forest is home to a rich mixture of native species that should promote high biodiversity.

But the Maritime forest has changed a great deal since the time that the members of the Wabanaki Confederacy — including the Mi’kmaq, Maliseet, Passamaquoddy, Penobscot and Abenaki — were stewarding it. Old-growth forests have been cleared for agriculture and heavily logged: according to the Nova Scotia Nature Trust, only 0.6 per cent of the province’s forest is over 100 years old. And replanting has usually meant focusing on a less diverse collection of species and ages than was here originally. 

That youth and homogeneity puts the region at greater risk during natural disasters. After Hurricane Juan, University of New Brunswick forest management professor Anthony Taylor led an extensive study looking at how forests are impacted by extreme winds.

University of New Brunswick professor Anthony Taylor studied how forests are impacted by extreme winds. He found that tall stands were most vulnerable, especially those dominated by shallow-rooted spruce and balsam fir — two species overrepresented in the region as a result of their value for lumber, pulp and paper. Photo: Darren Calabrese / The Narwhal

Published in 2019, the study used aerial photography and satellites to analyze how wind damage varied based on topography, weather, soil and forest structure. It found that having a greater amount of hardwood species and pine reduced the effect of wind damage to a lot or forest. Tall stands were most vulnerable, especially those dominated by shallow-rooted spruce and balsam fir. 

Unfortunately, the two most vulnerable species are also overrepresented in the region, as a result of their value for softwood lumber and pulp and paper.

“Over the last century, we’ve been carrying out forest management practices that promote more spruce and fir,” said Taylor. “So by default in the forest, it’s already been a bit more vulnerable to blowdown, because we have much more of the spruce and fir.”

Taylor’s study found that while forests dominated by a single species that had been replanted after a clearcut were hurt by wind, so were areas in mixed forests that were more selectively thinned. Both harvesting methods created vulnerabilities.

“I don’t know if anyone has a solution yet, but it’s definitely on a lot of minds. If you believe the science and the projections of climate change, then we’re going to be in for more wind and it’s going to impact our forests,” Taylor said. “If we know that our spruce and fir forests tend to be more susceptible to wind, but we really depend on them for our economy here, then what do we do?”

He also pointed out a caveat from the study — which suggested that regardless of species or topography, 10 minutes of sustained winds of 100 km/h can topple most trees.

“At a certain threshold it doesn’t matter what your forest is made of — likely a lot of it is going to blow down,” he said.

Recovery from Fiona won’t happen quickly. Several woodlot associations have called on provincial governments to help fund recovery operations. Nova Scotia has created a $3.5 million recovery fund for private woodlot owners, while Prince Edward Island announced an Emergency Forestry Task Force on Oct. 28 to assist woodlot owners.

Daimen Hardie, co-founder of Community Forests International, said “there’s a lot of mourning” for woodlot owners who have put work into restoring the forest. Photo: Darren Calabrese / The Narwhal

Community Forests International is encouraging land owners to consider making recovery decisions with biodiversity in mind. Hardie said he’s concerned that some woodlot owners will be tempted to clearcut or overharvest sections with heavy losses to avoid losing money on damaged trees.

But even before Fiona, his team was working with a large number of private woodlot owners trying to make forestry more resilient, attempting to balance profits with ecological goals through careful harvesting and planting. The organization works with members to share the latest forest science, providing advice on how to care for trees and replant damaged areas while also coordinating carbon offsets that pay landowners for keeping trees intact.

The storm was hard for those woodlots owners emotionally, as well as financially. 

“There’s a lot of mourning going on right now. It’s people who’ve taken more of a sustainable or ecological approach. They’ve put a lot of care into restoring the forest and then to see that work rolled back is definitely hard for a lot of reasons,” said Hardie. 

Taylor’s findings from 2019 are reflected in Miller’s observation of the forest floor, as he surveyed the damage after Fiona, looking for patterns. 

“I think diversity is important. To my eye those sort of mixed species — mixed multi-age stands — seem to be the ones that have held up the best,” he said.

Miller is a member of the North Nova Forest Owner’s Co-op, so he’s not entirely on his own in dealing with the aftermath of the storm. Staff from the co-op showed up with dedicated contractors to help Miller handle the devastation on one of his family’s 250-acre woodlots.

As he considers the damage, he’s also focused on the future — balancing the need for financial recovery with ensuring that enough light and nutrients are left to allow a diverse forest to regrow. 

“For us as family forest owners wanting to manage for the long term, it becomes a question of salvaging what you can in a way that doesn’t compromise your longer term or ecological goals,” he said.

For woodlot owners choosing to carry on the mission of restoring the biodiversity of the Wabanaki-Acandian forest, that can mean leaving some windblown trees on the forest floor to provide nutrients and habitat.

It will also mean prioritizing a mix of ages and species, putting in white pine and temperate hardwoods like birch and maple that are more likely to survive heavy wind and succeed in a warming climate. As climate change continues, cold-hardy boreal species like spruce and balsam fir — once encouraged for their industrial value — will be less naturally successful.

“Nothing is over for the forest. We tend to feel this loss and like it’s the end of something — I suppose it is the end of something — but at the same time, it’s just the start of something new,” Miller said. 

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You probably wouldn't guess it, but Prince Edward Island and Nova Scotia are unsung heroes in Canadian wind energy — producing more than 10 per cent of their electricity needs from wind, more than any other provinces.

“Some electricity utility companies in Canada will tell you all you’ll ever get from wind is 10 per cent of your electrical needs,” Carl Brothers, an engineer and wind energy consultant, said. "In PEI, we are closing in on 30 per cent."

By comparison, Ontario, Canada’s biggest wind power producer, manages to meet about four per cent of its domestic demand through wind energy.

The shift to renewable energy in Nova Scotia and PEI in the last decade has been nothing short of remarkable.  At the turn of the 21st century, both provinces were dependent on coal and oil-fired power plants for nearly all of their electricity. Neither province possesses the massive waterpower resources Quebec, Manitoba and British Columbia rely on to produce renewable electricity.

Yet today Canada’s two smallest provinces have approximately 25 per cent renewables in their respective electricity mixes and wind power is a leading component. Germany, a global leader in clean energy, generates more than one third of its electricity from renewable sources like wind, solar and biomass.

“We took a look around at the domestic resources available to us and renewable energy, predominantly wind, just made sense,” Catherine Abreu, an energy campaigner for the Ecology Action Centre in Halifax, told DeSmog Canada.

“We have a lot of insight to share on what kind of investments and changes need to be made to existing infrastructure that will be true [for jurisdictions] across Canada as we move towards a clean energy economy,” Abreu said.

If Canada is to have any hope of doing its part to tackle climate change, the country needs to find a way to incorporate substantially more renewable energy into its energy mix. A recent study indicates Canada could produce close to 60 per cent of its primary energy (electricity, transportation, heating/cooling, industry) from wind alone by 2050.

Non-water based renewables like wind and solar currently make up only three per cent of the country’s electrical generation.

Lessons learned in the Maritimes’ rapid transition to wind energy could hold the keys to Canada finally plugging into this clean, sustainable and largely untapped resource.  

PEI Wind Power: "Islanders Own It"

Feeling the pinch from the rapid rise in fossil fuel prices in the early 2000s, PEI and Nova Scotia set ambitious provincial renewable energy targets. In 2008, the PEI government announced 500 megawatts worth of wind energy facilities to be installed in the province, which is equivalent to one third of Alberta’s current wind power capacity. Alberta is the third biggest producer of wind energy in Canada.

“One thing PEI doesn’t have in the ground are fossil fuels, but we have a wonderful wind resource,” Brothers told DeSmog Canada.

Brothers has been in the PEI renewable energy business for over three decades and is also the CEO of Frontier Power Systems in Charlottetown.

Even though PEI has yet to hit its 500 megawatt wind target, nearly 100 per cent of all electricity produced on PEI comes from wind farms, a feat unmatched anywhere in Canada. The rest of PEI’s electrical needs are met mostly by electricity imports from New Brunswick.

A key feature of early wind development in PEI was public ownership.

“Prince Edward Islanders have always had a strong environmental ethic,” Brothers said. “And there is a definite sense of public ownership and pride in our wind farms. Islanders own it.”

PEI Energy Corporation, a provincial Crown corporation, owned and operated early wind facilities and the PEI government guaranteed the loans for the startup projects. To this day, PEI Energy generates the wind power used domestically and private sector companies sell wind energy out of province.

This sense of public ownership may also explain why PEI has not seen the same public pushback against wind turbines that has been experienced by private companies in Ontario.

The benefits of wind energy go beyond cleaning up the province’s electricity. PEI’s North Cape Wind Farm, one of Canada’s first commercial wind farms, is now the site of the Wind Energy Institute of Canada, a leading national wind energy innovation and research institution.

The province’s Hermanville/Clearspring Wind Development Project provides approximately $350,000 annually to nearby landowners and the community at large through royalties and a newly established community development fund, according to the PEI government.

“At the end of the day we need to find a way to sustainability. Our grandchildren will think less of us if we don’t take the initiative,” Brothers told DeSmog.

Source: Canadian Wind Energy Association

Nova Scotia Leads All Provinces in Cutting GHG Emissions

Nova Scotia has quietly crept to the head of the pack as a provincial climate leader. The province implemented North America’s first “hard caps” on emissions in the electricity sector, has a 40 per cent renewables 2020 target and is in position to lead all provinces and territories in future GHG reductions.

Nova Scotia also has installed more wind power capacity than B.C., a province 20 times its size. The province’s Community Feed-In-Tariff, or COMFIT, program deserves much of the credit for gaining public acceptance of wind power.

“COMFIT projects in the end did not produce a lot of energy, but it did help in winning over the public,” Brendan Haley, a Broadbent Institute research fellow and former renewable energy campaigner in Nova Scotia, said.

Introduced in 2011, the COMFIT program guaranteed a predetermined fixed rate to be paid on the electricity local producers sold. Only community entities like municipalities, energy co-operatives, First Nations and universities could participate in and reap the benefits of the program. COMFIT incentivized getting into the renewable energy game by minimizing the financial risks for non-private sector players.

The results exceeded even the Nova Scotia government’s expectations.

A provincial government report estimates 125 megawatts of electricity are produced by projects under COMFIT and an additional 100 megawatts are expected to come online in the future. Most projects are wind farms. When COMFIT was established, the provincial government expected only 100 megawatts of electricity from the program.

“If you look at the latest energy policy, it is fairly transparent the current government is doing whatever it takes to push off any rate increase until after the next election,” Haley told DeSmog Canada.

Despite COMFIT’s success, the Nova Scotia government cancelled the program last August. The provincial government justified the move by claiming it was keeping consumer prices on power bills down. Nova Scotia does have some of the highest electrical rates in Canada.

A year earlier, the same Liberal provincial government capped Nova Scotia’s energy efficiency budget under similar same cost-saving pretenses. Haley says the province’s previously strong energy efficiency standards on electricity played a big role in Nova Scotia’s ability to make deep greenhouse gas (GHG) emissions cuts.

Source: Environment and Climate Change Canada, 2016

An additional reason for the Nova Scotia’s government cancellation of COMFIT was that the program “had achieved its objectives.” Abreu of the Ecology Action Centre argued at the time that surpassing COMFIT’s original goals “should be cause for celebration, not cancellation.”

Atlantic Canada Could Be Canada’s 100 Per Cent Renewable Testing Grounds

The renewable energy revolution in the Maritimes has somewhat stalled and the reasons are not only political.

“The Maritimes are really quickly coming up against the limits of our existing infrastructure,” Abreu said.

Electrical grids in Canada are designed to distribute electricity from a handful of large powerful sources like coal plants or hydro dams, not dozens of smaller intermittent ones like wind turbines or solar panels.

“We are figuring it out,” Abreu told DeSmog Canada. “New Brunswick is really invested in understanding smart grids and how to implement them, Nova Scotia and New Brunswick are experimenting with regional dispatch and utilities are doing the work to understand how to deal with intermittent renewable energy.”

PEI may be a ‘lab,' holding clues to solving Canada’s energy questions. Brothers and Abreu agree the province’s vast wind resource and size make PEI the ideal testing grounds for large-scale deployment of electric vehicles and other measures fundamental in shifting Canada from a fossil fuels economy to a clean energy society.

Brothers is concerned that with low oil and natural gas prices and without a price on carbon pollution, the PEI government has lost its appetite for building more wind farms despite the province’s heavily reliance on fossil fuels for energy and tremendous potential to go big in wind power.

A study in 2015 conducted by Stanford University Engineering Professor Mark Jacobson identifies Atlantic Canada, as well as the Pacific Coast, Great Lakes and the Prairies as areas in the world with “strong” wind resources available for power generation.

Image Credit: The Wind Energy Institute of Canada via Green Energy Futures/Flickr

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