The Legal Fishery Sparking Arrests and Violence
Atlantic Canada is home to the country’s most lucrative fisheries, including lobster—with an export value of CAN $3.2-billion in 2021—and young American eels, or elvers, which can sell for $5,000 per kilogram. But in 1999, the Supreme Court decision changed who could take a slice of this profitable pie. The court ruled in the case of Donald Marshall Jr. from Membertou First Nation in Nova Scotia. Marshall had been arrested in 1993 for catching and selling adult eels without a license and for harvesting outside the commercial fishing season. When the Supreme Court acquitted Marshall, six years later, the decision hinged on his treaty rights as an Indigenous person. Beyond acquitting him, the ruling—known as the Marshall decision—legally affirmed the rights of individuals belonging to 35 Mi’kmaq, Wolastoqey, and Peskotomuhkati First Nations to earn a living by fishing. Photos, >>click to read<< 10:31
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