Tag Archives: the Marshall Decision
Lorne Gunter: Here’s the real back-story to the Maritimes lobster dispute
A 1999 Supreme Court decision, the Marshall decision, affirmed a supposed ancient treaty right to hunt and fish out of season. The only limitation the court placed on this apparently pre-existing right was that First Nations could earn only a “moderate livelihood” with their out-of-season activities. The problem now, we are told over and over, is the failure of the federal government over the intervening 20 years to negotiate a fisheries management framework that defines, limits and regulates “moderate livelihood.” Twenty-one years ago, I covered the Marshall case,,, The Marshall decision was an example of judicial bias and pre-conceived judgement. >click to read< 07:55
Tensions running high on the water over First Nations lobster fishery
Strong westerly winds kept the four Cape Islanders behind the Pictou Landing wharf’s breakwater on Tuesday. “We’re not trying to hide anything,” said Zack Nicholas, who owns one of the boats. “DFO can watch us coming and going from their office.” The commercial season for lobster fishing on the Northumberland Shore runs through May and June.Twenty years after the Supreme Court of Canada acknowledged the Mi’kmaq have a treaty right to make a “moderate livelihood” from natural resources, negotiations drag on,,, >click to read< 12:23
