Sale of Clearwater Seafoods


November 5, 2020. Demonstration for moderate livelihood fishery outside Clearwater facility in Bedford, prior to the sale.

On November 9, the media announced the sale of Clearwater Seafoods, the largest private Canadian seafood monopoly in Atlantic Canada, to a partnership of Premium Brands Holdings Corporation based in Vancouver, BC and a group of Mi'kmaw First Nations led by the Membertou First Nation.

The buyers agreed to pay a purchase price of $1 billion and to assume Clearwater's debts. Each of the partners will own 50 per cent of the company which is the largest holder of shellfish licences and quotas in Canada. According to business analysis firm Dunn & Bradstreet, Clearwater Seafood Incorporated has U.S.$539 million in assets, a net income of U.S.$31.31 million on U.S.$462.81 million in sales in 2019, and 1,941 employees in total. It holds major offshore rights to harvest clams, crab, lobster, scallops and shrimp off the northeastern coast of Canada. Clearwater Seafood operates its own fleet of ships, along with offshore and onshore processing facilities.

Clearwater Seafoods came into existence in 1976. It was made possible as a result of the Kirby Report -- Navigating Troubled Waters: A New Policy of Atlantic Fisheries -- commissioned by the Pierre Elliot Trudeau Liberal government in 1982, which attacked the livelihoods of small inshore fishers as a "rural-romantic" approach to fishing. The Kirby Report justified the handover of millions of dollars in subsidies and hundreds of millions in offshore seafood resources, which rightfully belong to the Mi'kmaq, the people of Nova Scotia and Canada, to a small group of private monopolies, including Clearwater Seafoods, which has become the biggest seafood monopoly in Atlantic Canada.

Clearwater Seafoods has had the blessing of the Department of Fisheries and Oceans (DFO) to self-regulate, make up its own rules, and fish year-round to maximize profits, while small independent fishers and the Mi'kmaq are bound by DFO's rules, regulations and quotas. Currently DFO officers are seizing and destroying the lobster traps and nets of Mi'kmaw lobster fishers who are affirming their sovereign right to trap lobster in pursuit of a "moderate livelihood."

According to media reports Clearwater has been in talks with the purchasers for months. A March 2020 press release said: "Clearwater's board of directors has determined it is timely, prudent and in the best interests of the company and its stakeholders to commence the strategic review in light of the company having recently received several expressions of interest."

Media reports say the Mi'kmaw coalition will invest $250 million, financed by a 30-year loan from the First Nations Finance Authority (FNFA). The FNFA was created by an act of Parliament in 2005. Its stated purpose is to enable First Nations to borrow private money through banks and other lenders at "preferential rates" to finance infrastructure projects. Since its founding the FNFA has financed almost $1 billion in loans to 112 First Nations. It is noteworthy that on June 2, the federal government announced that First Nations with existing loans with the FNFA will receive "interest payment relief" to the tune of $17.1 million.

On November 10, the FNFA put out a press release noting: "FNFA has approved a $250 million loan to the Mi'kmaq First Nations Coalition to purchase Clearwater's Canadian offshore fishing licences. Under the announced agreement, the First Nations will receive contractual revenues on a quarterly basis from Clearwater which will have a significant impact by creating revenue and boosting their economies."

The sale was announced right in the midst of the current battle being waged by the Mi'kmaw First Nations to assert their sovereignty and conduct their own self-regulated moderate livelihood lobster fisheries. Chief Terry Paul of the Membertou First Nation said that the purchase of Clearwater was "strictly a commercial transaction" that will not impact the efforts of the Mik'maq to establish their own self-regulated moderate livelihood fishery. He described the purchase as "a generational acquisition that would be felt across our communities for the next seven generations."

Just one week earlier, Chief Paul had resigned from the Assembly of Nova Scotia Mi'kmaw Chiefs, where he held the Fisheries portfolio for many years. The CBC reported on October 28 that Chief Paul said that he could no longer work with the chief's assembly because the DFO was successfully practising a divide-and-conquer strategy and undermining the unity of the Mi'kmaq.

Additionally, the Membertou First Nation recently bought two of eight lobster-harvesting licences from Clearwater Seafoods for $25 million. These licences enable the Membertou First Nation to fish in an area designated Lobster Fishing Area 41, a vast area 80 kilometres off the southern tip of Nova Scotia which has been the exclusive preserve of Clearwater Seafoods for decades.

Following the announcement of the sale of Clearwater Seafoods, Dr. Rick Williams, Research Director for the Canadian Council of Professional Fish Harvesters and author of A Future for the Fishery: Crisis and Renewal in Canada's Neglected Fishing Industry, expressed concern that the deal could rekindle tensions between Indigenous and non-Indigenous fishers. He pointed out to the CBC that "Clearwater has had a history of conflict with owners of smaller, family-owned fishing enterprises." He noted that while the company has pushed for a more monopolized corporate fisheries model, inshore fishing groups have urged the federal government to maintain harvesting in local communities. "Now that Clearwater is perceived to be a First Nations-owned company, that adds to the mistrust about the expansion of Indigenous fisheries. It will add to fears that a large company can buy up lobster licences through First Nations that they weren't able to buy as a company," he said.

From start to finish, the Canadian state bears responsibility for the destruction of the livelihoods of the fishers in the Atlantic fishery and for state-organized violence to deprive the Mi'kmaq of their hereditary and treaty fishing rights as sovereign peoples. Financing partnerships between Indigenous nations and private interests is both an attempt to extinguish Indigenous rights and to integrate Indigenous peoples into the globalized fisheries industry which has brought nothing but despair to fishers at home and abroad, and to abrogate the Crown's fiduciary responsibility to Indigenous peoples' rights and claims.

(With files from Halifax Examiner, CBC, First Nations Finance Authority, Toronto Star. Photo: Solidarity Kjipuktuk)


This article was published in

Volume 50 Number 46 - November 28, 2020

Article Link:
Sale of Clearwater Seafoods


    

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