Tag Archives: 1999 Supreme Court 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
Mi’kmaq woman to challenge lobster fishing rules
Cheryl Maloney is gearing up to go lobster fishing. She doesn’t have a commercial licence and she won’t be using one of the food and ceremonial purposes tags she is eligible for as a member of the Sipekne’katik First Nation. What the longtime organizer for indigenous and women’s rights has is a 1999 Supreme Court decision stating that she has the treaty right to make a “moderate livelihood” off the resources the Mi’kmaq traditionally exploited. When she lands her lobster on a South Shore wharf, Maloney plans to invite Fisheries and Oceans Canada and the RCMP to come and watch her sell them. click here to read the story 11:15
