As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada recognize the Mi'kmaw and Maliseet right to a moderate livelihood fishery as a foundation of the Government of Canada’s nation-to-nation relationship with the Mi’kmaq and Maliseet nations.

Recommendation 2

That the Government of Canada work in partnership with Mi’kmaq and Maliseet communities to help define a moderate livelihood in a manner that is consistent with its cultural significance and distinct needs of the Mi’kmaq and Maliseet, and within the Constitution and laws of Canada.

Recommendation 3

That the implementation of a moderate livelihood fishery consider the evolution of Mi’kmaw and Maliseet participation in various lobster fisheries in the years since the Marshall decisions.

Recommendation 4

That the federal government undertake discussions with all appropriate Mi’kmaw and Maliseet representatives to help determine which persons are entitled to treaty rights affirmed by the Marshall decisions.

Recommendation 5

That the Government of Canada work with the Mi’kmaq and Maliseet nations to help ensure that any agreement to implement a moderate livelihood fishery directly benefits the members of the community through job creation and other economic opportunity, and the proceeds of the catch is transparent for members of the community.

Recommendation 6

That the federal government provide their negotiators a clear and flexible mandate with which to engage in negotiations with Indigenous representatives.

Recommendation 7

That the federal government undertake a fulsome review of all investments, materials and actions delivered to Mi’kmaq and Maliseet communities by the government to accommodate fish harvesting treaty rights confirmed by the Marshall decisions in an effort to ascertain how effective the government’s efforts have been in achieving their objectives. Further, the results of this review must be made public.

Recommendation 8

That the federal government recognize the Mi’kmaw and Maliseet treaty right to harvest, sell fish, and co-manage moderate livelihood fisheries as the foundation of the Government of Canada’s nation-to-nation relationship with Mi’kmaq and Maliseet nations.

Recommendation 9

That Fisheries and Oceans Canada provide clear information on policy objectives, pathways and timetables related to the implementation process of the treaty right to fish to support a moderate livelihood.

Recommendation 10

That commercial fisheries for Indigenous and non-Indigenous harvesters must be conducted under one set of conservation-based and safety rules and regulations for all participants in a particular fishery.

Recommendation 11

That the Government of Canada acknowledge that Mi’kmaq and Maliseet have the rights to manage and develop resources for their economies with the guidance of their traditional governance institutions, Elders, and leaders, determining manner of ownership, access, manner and pace of economic development derived from the access and use of resources within their traditional ancestral homeland territories, and within the Constitution and laws of Canada.

Recommendation 12

That the Government of Canada recognize that the Mi’kmaq and Maliseet people have an interest not just in fishing, but also in the management of fisheries as nations and not just stakeholders.

Recommendation 13

That the Government of Canada consider alternate governance models that are consistent with treaty and Canadian law that share authority and decision-making with Mi’kmaq and Maliseet nations.

Recommendation 14

That, in its transferring of new communal commercial licences to First Nations communities, the federal government consider the principle of adjacency.

Recommendation 15

That Fisheries and Oceans Canada’s science sector conduct a thorough evaluation of the Atlantic and Quebec lobster stocks and determine the environmental and ecological impacts of all fishing activities taking place outside of the currently established fishing seasons.

Recommendation 16

That, in Fisheries and Oceans Canada’s implementation and regulation of fishing seasons, decisions be based on the best available science surrounding stock health and conservation, including water temperature, moulting and breeding timelines, hardness of shell, and other factors.

Recommendation 17

That fisheries must be managed by Fisheries and Oceans Canada under the leadership of the Minister of Fisheries and Oceans with the long-term preeminent objective of conservation of Canada’s shared fisheries resources.

Recommendation 18

That Fisheries and Oceans Canada recognize the historic science that supports lobster fishing at different times of the year in different locations due to the reproduction cycle of lobster from insemination through egg extrusion and ultimate egg release as a period of prohibited fishing for all fishers Indigenous and non-Indigenous.

Recommendation 19

That the Government of Canada provide the necessary resources for the implementation of the right to a moderate livelihood fishery, including the funds necessary to develop, implement, and adopt best practices involving transparency and accountability within Mi’kmaq and Maliseet communities.

Recommendation 20

That Fisheries and Oceans Canada incorporate Netukulimk, and Mi’kmaw and Maliseet knowledge in setting limitations on an individual right to practice a moderate livelihood and enhance resource stewardship.

Recommendation 21

That Fisheries and Oceans Canada foster greater collaboration between Mi’kmaq, Maliseet, and non-First Nation fishers on conservation issues.

Recommendation 22

That Fisheries and Oceans Canada implement joint data collection protocols, science assessments and consideration of fishery-wide conservation matters to ensure the future of coastal communities.

Recommendation 23

That the Minister of Fisheries and Oceans follow the direction in the Marshall case from the Supreme Court that “[t]he paramount regulatory objective is the conservation of the resource. This responsibility is placed squarely on the Minister and not on the aboriginal or non-aboriginal users of the resource.” In any agreement with First Nations, only the Minister can be the regulator and the regulatory authority if we are to comply with the Court.

Recommendation 24

That Fisheries and Oceans Canada acknowledge that moderate livelihood treaty rights can only be regulated for conservation purposes and compelling and substantial public objectives.

Recommendation 25

That Fisheries and Oceans Canada establish a meaningful consultation process to ensure that the conservation objective of a proposed restriction to treaty rights is understood by the Mi’kmaq and Maliseet communities it would affect and that it goes no further than necessary to meet that objective.

Recommendation 26

That, in light of the alarming testimony given, Fisheries and Oceans Canada, in collaboration with provincial, Mi’kmaq and Maliseet governments develop a plan for investigating, enforcing, and eliminating the unrecorded illegal sale of lobster by all fisheries.

Recommendation 27

That, in light of the Minister of Fisheries and Oceans’ testimony highlighting systemic racism and, as effective enforcement is crucial to conservation, Fisheries and Oceans Canada must rigorously enforce fisheries regulations with impartiality and consistency.

Recommendation 28

That Fisheries and Oceans Canada be provided with the resources to fulfil its obligation to conserve the resource. This means that the Department must have sufficient numbers of enforcement officers and that those officers must be provided with the clear mandate and equipment to do their job safely and effectively.

Recommendation 29

That, in order to ensure safety and conservation, Fisheries and Oceans Canada work with the Mi'kmaq and Maliseet to build the capacity needed to enforce and manage the fishery with assistance from Mi'kmaw and Maliseet organizations. This increased capacity would include monitoring ability, training, science and research, operationalizing Mi’kmaw conservational values like Netukulimk, and the administrative capacity to provide transparency to the Mi’kmaq and Maliseet within their communities.

Recommendation 30

That Fisheries and Oceans Canada consider the viability of alternative enforcement models, such as partnerships with Indigenous-led enforcement regimes, like the Listuguj Mi’kmaq rangers or Indigenous Guardian program, and provide the Department the funding necessary to recruit qualified Indigenous personnel and engage directly with Indigenous communities and leadership in Nova Scotia and across Canada.

Recommendation 31

That, through collaboration with the Mi’kmaq and Maliseet people, the Government of Canada (Crown-Indigenous Relations and Northern Affairs Canada and Fisheries and Oceans Canada) establish regulatory mechanisms to enhance transparency surrounding the lobster fishery within community.

Recommendation 32

That the Government of Canada look for opportunities to facilitate and bring the commercial fish harvesters and Indigenous moderate livelihood fishers together on a regular basis to participate in constructive dialogue, open communication, and mutual transparency. Further, the government should look to successful models where Indigenous fishers and other fish harvesting interests have been brought together, such as the Fraser River Peacemakers, as best practices in this endeavour.

Recommendation 33

That there be increased constructive communication between commercial fishers, Mi’kmaq and Maliseet to share information on what is being harvested and how many people are out participating in the moderate livelihood fishery.

Recommendation 34

That Fisheries and Oceans Canada recognize that commercial fishers’ knowledge and interests are a valued part of discussions that impact the future of the inshore fishery, and the proper resourcing of local management tables for communication and dialogue is crucial to having all voices heard.

Recommendation 35

That, when delivering actions or decisions to accommodate Indigenous fish harvesting treaty rights, the federal government must publicly communicate their actions and decisions and the basis for them to foster greater understanding and reconciliation between Indigenous and non-Indigenous harvesters and communities.

Recommendation 36

That the Government of Canada implement more education for government representatives and Canadians at large on the nature and existence of treaty rights and the treaty relationship.

Recommendation 37

That Fisheries and Oceans Canada work with commercial fishers and the organizations that represent them on the meaning of treaties to foster understanding.

Recommendation 38

That Fisheries and Oceans Canada foster discussions about treaty rights implementation, anti-racism education, resource management and science concerns at the wharf level as well as at fishery advisory committees to build trust.

Recommendation 39

That the Minister of Fisheries, Oceans and the Canadian Coast Guard address systemic racism within the Department by conducting a national reform on Fisheries and Oceans Canada’s Conservation and Protection sector to address systemic racism within their regulations and operational policies to provide protection for treaty right to harvest and sell fish.

Recommendation 40

That Fisheries and Oceans Canada prioritize the development of joint protocols between First Nations and the Department to identify procedures in advance for dealing with possible crises concerning public safety and security of First Nations.