A dispute over the right to harvest walleye from a lake north of Wawa has escalated into a war of words between three Anishinaabe communities in the north.
In March, Netmizaaggamig Nishnaabeg announced the establishment of a checkpoint at White Lake to stop “illegal fishing activities” during the spring walleye spawn.
Leadership in the community, also known as Pic Mobert First Nation, alleges that poaching and unsustainable fishing practices, like netting in spawning grounds, has increased in recent years on the lake without enforcement by the Crown.
They say both Batchewana First Nation and Garden River First Nation have been encroaching on their traditional territory by engaging in what leadership calls “commercial-scale” fishing operations on a lake that has been a source of food security in the community for decades.
“These two Robinson Huron nations have no shared history or stewardship over our land — they are attempting to justify the exploitation of land and water for outside benefit,” said Netmizaaggamig Nishnaabeg Chief Louis Kwissiwa in a statement provided to SooToday.
“We are deeply concerned that White Lake will suffer irreversible harm without intervention from the Crown to uphold the law and recognize rightful titleholders.
“We will continue to stand firm in defence of our homeland and speak up for the lands and waters we are bound to protect.”
Netmizaaggamig Nishnaabeg lands and resources manager Jesse Gaudette added that “extensive illegal fishing operations being conducted by outside bands and their members” in White Lake are putting the ecosystem at risk.
“This behaviour is incredibly difficult for our community, with many feeling like it is a home invasion,” Gaudette said in a statement to SooToday. “Our sovereignty in and over our own territory is disrespected.”
Both Batchewana and Garden River, however, argue that White Lake lies within shared traditional territory historically used by Batchewana, Garden River and Michipicoten First Nations for the purposes of hunting, fishing and gathering.
The manager of the lands and resources department for Garden River First Nation says use of the lake by its members predates the 1850 Robinson Huron Treaty, and has been “upheld through generations of use, stewardship, and ceremony” by its people.
“These relationships were built on reciprocity, mutual respect, and agreed understandings among Anishinaabe peoples,” Matthias Nunno said in a statement to SooToday.
“Claims of exclusive title in such a region are not only historically unfounded — they contradict Anishinaabe values.”
Garden River also refutes the accusation that its members are taking part in illegal and unsustainable fishing activities on the lake.
“We uphold our laws — inaakinigawin — which require our members to harvest only what they and their families need,” Nunno said.
Batchewana First Nation Chief Mark McCoy, meanwhile, says he has reached out to Kwissiwa in order to find a resolution “aligned with traditional protocols,” but has yet to receive a response.
He contends that Netmizaaggamig Nishnaabeg instead chose to launch a judicial review aimed at Ontario's inclusion of both Batchewana First Nation (BFN) and Garden River First Nation on a consultation list related to two mining projects near Wawa, Ont.
“What the judge is deciding at this point is whether the Netmizaaggamig Nishnaabeg complaints have sufficient merit to grant an extension of time for them to file their application. BFN has argued that they don't,” McCoy said in a statement provided to SooToday via email.
“In fact, they are overblown, arguing implausibly that there is some link between consultation and allegations of poaching fish.
"No evidence was provided to the court to support claims that BFN is poaching, let alone poaching on a commercial scale. Ontario has recognized historical evidence of BFN traditional use in the area and a 1998 court decision supporting BFN harvesting rights in the area.”
Garden River refutes the claim the First Nation is inserting itself into the consultation process, offering that it is merely asserting a constitutional and treaty right to be “consulted and accommodated” when the Crown makes decisions impacting its territory.
“It is not only a right — it is a responsibility handed down from our ancestors,” Garden River said in its statement.
“Netmizaaggamig’s accusations are misleading, inflammatory, and deeply disrespectful. These remarks undermine not only GRFN’s inherent and treaty rights, but also the shared relationships and mutual obligations that have existed among Anishinaabe Nations since time immemorial.”
Netmizaaggamig Nishnaabeg is calling on the Crown governments to “uphold their obligations” by enforcing what it calls poaching and unsustainable fishing practices on White Lake.
“We consistently reported fish poaching at scale to the Wawa district office of the Ontario Ministry of Natural Resources, which has refused to take action due to the baseless assertions by Batchewana First Nation and Garden River First Nation,” said Gaudette.
“Further, the Ministry has failed to treat these baseless assertions with the rigour necessary by unilaterally accepting that they are credible, despite the fact that there is no evidence that their people ever occupied any of the land in our area.”
A spokesperson for the Ministry of Natural Resources told SooToday its staff have been meeting regularly with Netmizaaggamig Nishnaabeg leadership regarding fishing concerns on White Lake.
“In recent weeks, MNR conservation officers have been on the ground in the community of Netmizaagamig Nishnaabeg monitoring for compliance during the active walleye spawning season,” the spokesperson said in an email provided to SooToday last week.
“MNR enforcement staff will continue discussions with Netmizaaggamig Nishnaabeg regarding their concerns.”
A spokesperson for Crown-Indigenous Relations and Northern Affairs Canada referred SooToday to the Ontario government for comment, stating that harvesting in freshwater fisheries is under provincial jurisdiction.
“It is our hope that the parties involved, including the Netmizaaggamig Nishnaabeg, the Government of Ontario, and other First Nations, find a constructive, respectful, and positive solution,” the spokesperson said.
White Lake is a 6,500-hectare lake, according to Ontario Parks, and is bisected by Highway 17. Netmizaaggamig Nishnaabeg has two pieces of reserve land on its eastern shore.
- with files from SNnewswatch