For Nuu-chah-nulth First Nations on Canada’s west coast, the early March Pacific herring spawn marks the beginning of the Nuu-chah-nulth harvest wheel and the renewal of all resources.
Huu-ay-aht First Nation citizen Larry Johnson couldn’t conceal his glee as he made his way to Bamfield on March 7 in anticipation of the annual spectacle.
“Everything takes off. This is the beginning,” said Johnson, the president of Nuu-chah-nulth Seafood LP (NSLP) and the chairman of the Maa-nulth Fisheries Committee.
He sees a bright future for First Nations and Canadians in general, despite U.S. and Chinese tariffs unleashing erratic economic conditions across all industries including the seafood sector.
“I call it a wave. It’s building momentum. Canada is going to become stronger because of this,” said Johnson. “I feel there is a real collaboration culminating right now. This is a golden opportunity for First Nations to take the lead. Go out there and be bold. Let’s make sure we are looking after our people and the future generations in terms of food security.”
Johnson is on B.C. Premier David Eby’s new task force that focuses on provincial food supply and food economy. The task forced was formed in mid-February and is chaired by leadership from the BC Agriculture Council with 15 representatives from across the province’s agriculture and food sector.
“Members will also recommend how to ensure people in British Columbia have continued access to healthy and affordable food, no matter what happens with U.S. tariffs or a trade war,” reads a news release from the Ministry of Agriculture and Food.
Aquaculture appears to be particularly vulnerable in the trade war. With about 70 per cent of farm-raised salmon annual production going to American customers, the BC Salmon Farmers Association (BCSFA) says a 25 per cent tariff would reduce U.S. demand by 32 to 40 per cent.
“The tariffs will impact current harvests, and the farmers impacted are working to manage the changing situation with their customers directly,” said BCFSA manager of communications Michelle Franze in an email.
Cermaq Canada, a major salmon farming operation based in Ahousaht First Nation waters with a processing facility in Tofino and Tla-o-qui-aht First Nations territory, would not comment on the tariff situation due to its “volatile and unpredictable” nature.
BCFSA says the tariffs threaten to cause losses of over 1,100 jobs and drive revenues down of up to $142.4 million per year.
Adding fuel to the global trade war fire, China’s Ministry of Finance announced on March 8 new tariffs on a range of Canadian goods, including 25 per cent on seafood products like halibut, crabs, lobster, clams and shrimp. The Chinese tariffs are set to take effect March 20 and are in response to Canada’s 100 per cent tariff on Chinese-made electric vehicles and a 25 per cent tariff on Chinese steel and aluminum products.
Amid this adversity, Johnson thinks now is a great the time to practice sacred Nuu-chah-nulth principles: Hish-uk ts’a-walk (everything is one), Iisaak (a greater respect with caring) and Uu-a-thluk (to take care of using a modern approach).
“Let’s practice and use our Nuu-chah-nulth principles of interconnectedness; come together in a respective way because it’s the right thing to do for future generations. You’re gonna find that new markets will open up inside of Canada. We’ll come together, restaurants, Canadian stores, all supporting Canadian products,” Johnson continued.
NSLP is a First Nations owned enterprise that has a hand in commercial fishery, aquaculture, seafood processing and retail sectors. They are a majority shareholder of St. Jean’s Cannery & Smokehouse in Nanaimo, B.C. and they also own Gratitude Seafood based out of Port Alberni.
Some of the Pacific seafood caught and packaged by NSLP travels down to the U.S. via the I-5 highway, the main interstate route that links the Canadian border and Mexican border to the U.S.
“(The tariffs) will have an impact on us for sure, but we’ve been strategizing. The last couple of months we’ve really been trying to collaborate and come together as First Nations. I think together we can solve it. If we’re all going off on our own there will be some who make and some won’t,” said Johnson.
Indigenous border mobility and the Jay Treaty
Canada Border Services Agency (CBSA) spokesperson Karine Martel shared that the Jay Treaty of 1794 is often raised in context of Indigenous border mobility, and refers to the “Treaty of Amity, Commerce and Navigation Between His Britannic Majesty and the United States of America Indigenous peoples in Canada and the U.S.”
Signed between Britain and the U.S., the Jay Treaty provided First Nations from Canada and America free border crossing to trade for their own use - as though no boundary existed. In the past, Canada has not recognized the Jay Treaty and in 1956, the Supreme Court of Canada determined that the Jay Treaty is not in force in Canada.
“The only exemptions at this time for First Nations communities is on goods eligible for remission under the Akwesasne Residents Remission Order (ARRO) as the registered order exempts the goods listed in the schedule of the ARRO from a surtax. The ARRO order is unique and was put in place given that the Akwesasne community spans both sides of the Canada-U.S. border,” Martel told the Ha-Shilth-Sa Newspaper in a written statement.
Akwesasne is a Mohawk community located along the St. Lawrence River where the Canadian provincial boundaries of Ontario and Quebec meet New York State.
“First Nations business are not exempted from the surtax on goods bought in the United States,” Martel continued. “That being said, under specific circumstances, businesses impacted could submit remission requests for the tariffs on products from the United States.”
Martel went on to note that Immigration, Refugees, and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) are working on solutions to address Indigenous mobility issues through legislative reform to the Immigration and Refugee Protection Act, which is outlined in the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan Measure Shared Priority 52.
“The Government of Canada will take the following actions in consultation and cooperation with Indigenous peoples:
Pursue legislative amendments to the Immigration and Refugee Protection Act, amendments to relevant Regulations and revisions to policies in order to address complex border crossing and migration challenges faced by Indigenous peoples divided by Canada’s international borders, including options to amend Canada’s right of entry provision, and work and study permit requirements,” states Priority 52.
Johnson thinks it’s time to ratify the Jay Treaty.
“There are nations down south that we can work with. Let’s breath life into the Jay Treaty and start doing nation to nation (business),” he said. “We have casino owners that want seafood. Let’s pick that ball back up.”