1. Authority and Purpose
The Micmac Rights Association (“MRA”) hereby issues this Treaty Harvesting Recognition and Community Authorization in accordance with Mi’kmaq custom and convention, and in accordance with the Constitution of the MRA and the decisions of its members.
The MRA recognizes Christopher R. Labillois as a Mi’kmaw national, an MRA member in good standing, and a person possessing Aboriginal and treaty rights recognized and affirmed by s. 35 of Canada’s Constitution Act, 1982.
The MRA does not purport by this instrument to create or alter Mr. Labillois’s Aboriginal or treaty rights. Mr. Labillois holds those rights inherently as a Mi’kmaw person and they pre-exist this authorization and do not originate in a licence, permit or permission issued by Canada.
This instrument instead records the MRA’s collective recognition of Mr. Labillois’s rights and establishes the terms, responsibilities and community standards according to which the MRA recognizes and authorizes their exercise.
2. The Micmac Rights Association
The MRA is an Indigenous Governing Body constituted by Mi’kmaw people who have authorized it to act on their behalf in relation to the assertion, protection, regulation and exercise of their Aboriginal and treaty rights.
The MRA Constitution provides for collective decision-making by its membership, an Executive responsible for administering the affairs of the Association between gatherings, and committees including a Fishing Committee to administer Mi’kmaw treaty harvesting arrangements.
The MRA notes that the Fisheries Act itself defines an “Indigenous governing body” as a council, government or other entity authorized to act on behalf of an Indigenous group, community or people holding rights recognized and affirmed by s. 35 of the Constitution Act, 1982.
3. Recognition of Treaty Harvesting Rights
The MRA recognizes and affirms that Mr. Labillois possesses Mi’kmaw Aboriginal and treaty rights including rights associated with fishing, harvesting, sustenance, community provision and trade.
The MRA further recognizes that those rights are not created by the Indian Act, Indian Act band membership, the Aboriginal Fisheries Strategy, an FSC licence, DFO-issued tags or any other Crown administrative instrument.
Nothing in Mr. Labillois’s past or present participation in an FSC or other government-administered harvesting program shall be interpreted by the MRA as a surrender, extinguishment, abandonment or definition of his underlying Aboriginal or treaty rights.
The MRA notes in particular that the Eel River Bar Aboriginal Fisheries Strategy agreement expressly provides that the agreement:
(a) does not define or extinguish Aboriginal or treaty rights and is not evidence of their nature or extent;
(b) is made without prejudice to the parties’ positions concerning Aboriginal or treaty rights;
(c) is not itself a treaty within the meaning of s. 35 of the Constitution Act, 1982; and
(d) does not affect the Aboriginal or treaty rights of another Aboriginal group.
4. Harvest Authorized and Recognized
Subject to the responsibilities and standards set out below, the MRA recognizes and authorizes Mr. Labillois, within the MRA’s own governance system, to exercise his Mi’kmaw treaty harvesting rights for lobster within the Bay of Chaleur and adjacent Mi’kmaw waters.
This authorization recognizes harvesting for:
(a) the sustenance of Mr. Labillois and his household;
(b) provision to elders, women, families and other community members who cannot reasonably harvest for themselves;
(c) community, ceremonial and social purposes;
(d) reasonable exchange or trade associated with sustaining a moderate livelihood; and
(e) other purposes consistent with Mi’kmaw law, treaty responsibilities and MRA harvesting standards.
Nothing in this instrument authorizes wasteful, destructive or industrial-scale harvesting inconsistent with the responsibilities set out herein.
5. Netukulimk and Responsibilities to Creation
Mr. Labillois accepts that the exercise of his rights carries corresponding responsibilities.
For purposes of this authorization, the MRA applies the Mi’kmaw principle of Netukulimk, including the responsibility to take what is reasonably required for sustenance, livelihood and community responsibilities while protecting the ability of Creation and future generations to sustain themselves.
Mr. Labillois shall therefore:
(a) harvest responsibly and avoid unnecessary waste;
(b) respect the reproductive capacity and long-term health of the lobster population;
(c) return egg-bearing lobster and other lobster required to be protected under applicable MRA harvesting standards;
(d) avoid harvesting practices that unnecessarily damage habitat or other species;
(e) provide for elders and other community members unable to harvest for themselves;
(f) maintain fishing gear in a safe and responsible manner;
(g) cooperate with reasonable MRA conservation monitoring;
(h) report significant conservation concerns observed during harvesting; and
(i) conduct himself in a manner consistent with Mi’kmaw responsibilities to the land, waters, animals and future generations.
6. MRA Harvesting Standards
This authorization is subject to the MRA Bay of Chaleur Treaty Harvesting Standard, as amended from time to time through the MRA’s decision-making processes.
The Harvesting Standard may establish conservation measures concerning:
- trap numbers;
- lobster size;
- protection of berried females;
- fishing methods;
- gear identification;
- protection of whales and other marine species;
- reporting and monitoring;
- reasonable harvest levels;
- community distribution; and
- other conservation matters consistent with Netukulimk.
The standards shall be administered as Mi’kmaw community law and shall not be interpreted as an acknowledgement that DFO licensing is the source of the underlying treaty right.
7. Harvesting Assistants and Designates
Mr. Labillois may apply to the MRA to identify persons who will assist him in carrying out the harvest.
Where possible, harvesting designates shall themselves be Mi’kmaw persons possessing Aboriginal or treaty rights and shall be individually recorded in the MRA Treaty Harvest Registry.
An approved harvesting designate shall be bound by the same MRA harvesting standards, conservation responsibilities and accountability requirements as the principal harvester.
No designation issued by the MRA shall be interpreted as purporting to create or transfer a treaty right to a person who does not independently possess such a right.
Non-rights-bearing persons who provide incidental logistical, safety, mechanical or other assistance may be separately identified as support persons. Their inclusion shall not constitute a representation that Aboriginal or treaty rights have been transferred to them.
8. MRA Treaty Harvesting Tags
Each lobster trap operated pursuant to this authorization shall bear an individually numbered MRA Treaty Harvesting Identification Tag.
9. Interaction With Crown Officials
This authorization is intended to identify the harvester, the MRA’s recognition of his rights, the standards under which he is harvesting and the Indigenous governing body responsible for administering those standards.
Where a Fishery Officer, peace officer or other Crown official raises a concern relating to harvesting conducted pursuant to this authorization, the MRA requests that the official contact the MRA Fishing Committee before taking enforcement action where circumstances reasonably permit.
The MRA will make a designated representative available to address conservation, public safety, gear identification or other legitimate concerns.
Nothing in this section constitutes consent to Crown jurisdiction over the underlying treaty right, surrender of any Mi’kmaw right, or acceptance that Crown licensing is the exclusive source of lawful harvesting authority.
10. Complaints and Community Accountability
Any complaint concerning Mr. Labillois’s conduct under this authorization shall first be referred to the MRA Eel River Bar Harvesting Assembly or other local MRA body established for that purpose.
The local body shall provide Mr. Labillois an opportunity to respond and shall seek a consensus resolution consistent with Mi’kmaw law and MRA standards.
Where the matter cannot be resolved locally, it shall be referred to the MRA Executive and, where appropriate, to the MRA Ombudsperson or Fishing Committee.
The Executive may, where immediate conservation or safety concerns require it, temporarily suspend or modify an authorization pending review.
Any suspension or removal affecting MRA membership remains subject to the procedures established by the MRA Constitution, including review at the appropriate Biannual Gathering.
11. No Waiver or Surrender
For greater certainty, nothing in this authorization shall be interpreted as:
(a) surrendering, ceding, extinguishing, defining or limiting any Aboriginal or treaty right;
(b) acknowledging that the exercise of Mi’kmaw fishing rights depends upon permission from Canada;
(c) acknowledging that an FSC licence or other Crown licence exhausts the lawful sources of authority available to Mi’kmaw harvesters;
(d) accepting the boundaries of an Indian Act band or DFO management area as defining the geographic extent of Mi’kmaw rights;
(e) preventing the MRA or Mr. Labillois from asserting a broader right in any negotiation or judicial proceeding; or
(f) prejudicing the rights of any other Mi’kmaw person, community or Indigenous governing body.
12. Certification
The Micmac Rights Association Executive hereby certifies that:
Christopher R. Labillois is an MRA member in good standing;
the MRA recognizes him as a Mi’kmaw treaty-rights holder;
the MRA recognizes and authorizes, within its own governance system, his exercise of the harvesting activities identified in this instrument; and
he has undertaken to comply with the responsibilities of Netukulimk and the applicable MRA Treaty Harvesting Standards.
On that basis, the MRA hereby issues Christopher R. Labillois the following 20 tags to be attached to his lobster traps.
Issued by authority of the Micmac Rights Association on Sept 24th, 2026 by
MRA Executive member
Clinton Ray Howard
MRA Executive member
Brandon Dorey
MRA Contact: info@micmacrights.com
