Tag Archives: the Marshall Decision
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
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
