Tag Archives: Canadian Constitution

The Mi’kmaq fishing dispute: What the treaties said and how the wording could affect a future fishery

“We have a treaty right,” said Chief Mike Sack, wearing a hat emblazoned with Honour Treaties, when asked why the band had renamed their effort from the “moderate livelihood” fishery they launched last fall. The latter term was coined by the Supreme Court of Canada in its 1999 Marshall decision. But the decision that acknowledged a moderate livelihood treaty right also stated the authority to regulate, after consultation with First Nations, is held by the federal fisheries minister. With Sipekne’katik fishers setting traps under a self-regulated treaty fishery and federal officers hauling them and arresting Chief Sack for questioning on suspicion of inciting an illegal fishery, the question is raised: what do the treaties say? >click to read< 10:21

Hugh Akagi – Inherent Indigenous rights are not a gift from government

The Supreme Court of Canada has begun to repair the hundreds of years of friction between Indigenous people and European settlers. The court recently ruled that “persons who are not Canadian citizens and who do not reside in Canada can exercise an Aboriginal right.” Many people are thinking long and hard about the implications. Imagine, rights protected by the Canadian Constitution being extended to people who have never lived in Canada. Here’s the background: >click to read< 11:32