'Until you move Canada, they don't move': creating space for legal pluralism in the Nova Scotian lobster fishery

Thesis

In September 2020, the Sipekne’katik Mi’kmaw First Nation launched an independent lobster fishery outside the control of the Canadian Department of Fisheries and Oceans (DFO). This sparked a series of protests, violent confrontations, and vandalism from non-Indigenous fishers. The roots of the lobster fishery dispute extend far beyond the immediate incidents, reflecting centuries of Mi’kmaw dispossession, cultural marginalization, and a broader struggle for self-determination and legal recognition. This dissertation investigates how the Mi’kmaw pursuit of legal revitalization and self-determination interacts with the established governance structures. It examines the key differences in understanding between Mi’kmaw and non-Indigenous perspectives on fisheries management, conservation, reconciliation, and the rule of law. Through interviews with key stakeholders and observations in affected communities, a comprehensive review of academic literature, and analysis of relevant legal and policy frameworks, this dissertation appraises the everyday interactions and negotiations that shape the creation of space for Mi’kmaw legal pluralism. The findings suggest that while significant challenges remain, there are opportunities for reconciliation and mutual cooperation between Mi’kmaw and non-Indigenous fishers. The concept of relational legal pluralism emerges as a crucial component for achieving sustainable coexistence and advancing the broader process of reconciliation. Though interconnected with formal processes of reform, practicing relational legal pluralism in everyday interactions will help further space for legal coexistence and more equal mutual recognition. This dissertation contributes to the ongoing discourse on Indigenous rights, legal pluralism, reconciliation, and the redefinition of Canada’s relationship with the Indigenous peoples within its borders.

Authors: Loevinsohn, J

• DOI: 10.5287/ora-eong7ogq9
• Type of award: MSc
• Level of award: Masters
• Awarding institution: University of Oxford
• Language: English
• Keywords: Canada; everyday deliberative spaces; coexistence; legal pluralism; indigenous peoples; fisheries; reconciliation
• Subjects: Indigenous peoples; Reconciliation; Fishery management, International; Criminology; legal sociology