DFO officer crosses COVID-19 checkpoint at Listuguj First Nation, prompting call for better communication

A First Nation near the New Brunswick/Quebec border says it's seeking better communication from federal service providers about visits to the community after a federal employee crossed a security checkpoint established to stop the spread of COVID-19. 

Two federal employees who identified themselves as conservation officers from Fisheries and Oceans Canada arrived at the security checkpoint at Listuguj First Nation last Friday and told band officials that they were there to look into salmon fishing that they believed was taking place in the community, according to Listuguj band member Paul Jacques, who supervises the security checkpoint. 

"I told [one of the officers] that you're not supposed to be here," said Jacques.

"First of all, we have a lockdown in this community … and I told him you have no jurisdiction here. You have to leave; you have to get out of here right now." 

The lockdown measure requires visitors, no matter their employer, to seek and receive permission from band authorities to enter, and they can visit only by appointment. 

According to Jacques, the two officers arrived in different vehicles a few minutes apart. The staff at the checkpoint let the first officer though because they mistakenly assumed he had authorization to enter, and immediately called Jacques to inform him, he said.

The second officer arrived at the same time Jacques did, and was stopped at the checkpoint while Jacques went to speak with the first officer, who Jacques says he learned was en route to speak with people who were fishing.

Part of the encounter was caught on video.

"We were kind of arguing about whose rights, whose jurisdiction it is and I told him, no this is our territory and it was a mistake that you got in here because of the lockdown," Jacques said.

"To me, it doesn't make a difference if you're a government official. You're not from this community."

The community adopted its own fisheries law in 1995 that is regulated by its conservation authority, the Listuguj Rangers. Over the last 25 years, federal regulations on fishing have been a contentious topic in the community. 

The officers were in the area for no longer than 10 minutes and left peacefully after a brief verbal exchange with Jacques, he said. 

A report by the Canadian Centre for Policy Alternatives examining the vulnerabilities of remote First Nations to outbreaks of COVID-19, released last week, recommended that federal service providers establish mechanisms to respect communities' emergency measures, including lockdowns and security checkpoints.

A spokesperson for Fisheries and Oceans said in an emailed statement that three officers went to the community and two were turned away at the checkpoint. The officers visited to "verify and collect information" after seeing harvesters fishing with salmon nets on the Restigouche River and then returning to the reserve, according to the statement.

"DFO Fishery officers are authorized to go into a First Nation to follow up on the department's mandate," the statement said. 

The statement said DFO Fishery officers keep a minimum of two metres between themselves and others, and carry masks for when they cannot. 

Listuguj Chief Darcy Gray said because of the emergency measures, all visitors to Listuguj are denied access if they do not make appointments with the band.

"There was no advance notice and that's one of the sticking points," he said.

"Communication is key. Driving into the community and trying to assert authority over our waters and our fishers is not going to help. To me this is a good learning opportunity." 

Gray said there has been fishing taking place in the community specifically to provide meals for elders and community members who cannot make the trip into nearby Campbellton, N.B., to buy groceries. 

The community pushed ahead its salmon fishing season, which typically begins June 5, as a result of the emergency measures, said Gray.

"It's really a food security issue right now," he said.

"What's right here in our river is some of the most nutritious food that we can have for our elders and for our people." 

A release on the band's website, posted Monday, states that the community's director of public security followed up with Fisheries and Oceans about the incident.