Tag Archives: moderate livelihood treaty right
Moderate livelihood treaty right at centre of fishery trial in Nova Scotia
A trial involving three Mi’kmaw fishermen who say they were exercising their treaty right to fish for a living when they were charged with fishery offences is currently underway in Digby, N.S. James Nevin, 38, Logan Pierro-Howe, 24, and Leon Knockwood, 27, from the Sipekne’katik First Nation are each charged with four counts of violating the Aboriginal Communal Fishing Licenses Regulations and the Atlantic Fishery Regulations under the Fisheries Act. They’re accused of fishing and catching lobster without authorization as well as possessing lobster traps that either had unauthorized tags or no tags on them. >click to read< 08:10
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
