Canada’s Response to Mi’kmaq Aboriginal and Treaty Fishing Rights: Reconciliation or Legal Colonial Oppression?
Abstract In 1999, the Supreme Court of Canada affirmed that the Treaties of 1760–1761 provided the Mi’kmaq, Wolastoqey, and Passamaquoddy Indige-nous peoples with the right to fish to earn a moderate livelihood. Today, 23 years later, such treaty rights remain unimplemented by Canada. This situ-atio...
| Published in: | Ocean Yearbook Online |
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| Main Author: | |
| Format: | Article in Journal/Newspaper |
| Language: | unknown |
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Brill
2023
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| Online Access: | http://dx.doi.org/10.1163/22116001-03701007 https://brill.com/view/journals/ocyo/37/1/article-p87_6.xml https://brill.com/downloadpdf/journals/ocyo/37/1/article-p87_6.xml |
| Summary: | Abstract In 1999, the Supreme Court of Canada affirmed that the Treaties of 1760–1761 provided the Mi’kmaq, Wolastoqey, and Passamaquoddy Indige-nous peoples with the right to fish to earn a moderate livelihood. Today, 23 years later, such treaty rights remain unimplemented by Canada. This situ-ation has created significant conflict and violence for Indigenous people who attempt to exercise such rights. This article examines the various rea-sons why such rights have remained unimplemented by Canada, and con-siders Canada’s legislative and policy responses to such rights under the scope of their statutory authority, the common law and Canada’s legal du-ties owed to Aboriginal peoples. |
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