Tag Archives: right to fish
25 years after the Marshall Decision, some say more must be done to uphold treaty rights
On the 25th anniversary of the Marshall Decision, a landmark court ruling that affirmed First Nations’ treaty right to fish, hunt and gather in pursuit of a moderate livelihood, some say there’s still a long way to go to properly uphold it. The Supreme Court ruling involved Donald Marshall Jr., a Mi’kmaw man from Membertou, N.S., who was arrested and charged with selling eels without a licence outside the Department of Fisheries and Oceans (DFO) regulated season in August 1993. On Sept. 17, 1999, the court ruled that Marshall was justified in doing so in pursuit of a moderate livelihood, under the Peace and Friendship Treaties signed in the 1700s. What became known as the Marshall Decision affected about three dozen Mi’kmaq and Wolastoqiyik First Nations in the Maritimes and the Gaspé region of Quebec. But the court did not clearly define “moderate livelihood,” even in a subsequent clarification. In the decades since, this has contributed to tensions between First Nations fishers, the commercial industry and DFO. more, >>CLICK TO READ<< 09:09
Political parties differ dramatically on moderate livelihood response
The major parties vying to replace the Liberals at Canada’s helm both promise a dramatic course change on the moderate livelihood fishery file. But it would be in very different directions. With the Liberal share of the popular vote,31.4 per cent as of Thursday, compared to the Conservatives with 33.7 per cent, and the NDP, with 20.2 per cent, there is a potential for a sea change on the most high profile issue to come out of this province in recent years. An NDP government would allow moderate livelihood and treaty based fisheries to continue or be launched,,, A Conservative government would take a harder line with First Nations, according to incumbent West Nova MP Chris D’Entremont. >click to read< 17:50
Federal fisheries minister concerned about size of Mi’kmaq fishery in Cape Breton bay
Bernadette Jordan said Friday that while the government recognizes the Mi’kmaq treaty right to fish, the scale of the lobster harvest in the bay is exceeding proposals made by Indigenous fishers. “While lobster stocks are generally healthy, monitoring has recently indicated that fishing activities have significantly increased in St. Peters Bay,” the minister said in a statement. >click to read< 09:32
N.S. Seafood Alliance declares opposition to out-of-season moderate livelihood fishery – The Nova Scotia Seafood Alliance said it supports the treaty right, but it must be subordinate to limits set and policed by the government of Canada. >click to read<
