An Empty Shell of a Treaty Promise: R. v. Marshall and the Rights of the Non-Status Indians

One of the difficult issues presented by R. v. Marshall is that of who is a Mi'kmaq person, or more generally who is entitled to claim to be a beneficiary of the Treaties of 1760-61. This paper examines a number of possible approaches to this matter, including ones based on residence (on or off...

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Bibliographic Details
Main Author: Palmater, Pamela
Format: Text
Language:unknown
Published: Schulich Law Scholars 2000
Subjects:
Mi'kmaq
treaties
residence
Indian Act
Canada
case law
aboriginals
Marshall
fire nation
Indigenous
Indian
and Aboriginal Law
First Nations
Online Access:https://digitalcommons.schulichlaw.dal.ca/dlj/vol23/iss1/3
https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1796&context=dlj
Description
Summary:One of the difficult issues presented by R. v. Marshall is that of who is a Mi'kmaq person, or more generally who is entitled to claim to be a beneficiary of the Treaties of 1760-61. This paper examines a number of possible approaches to this matter, including ones based on residence (on or off reserve), descent and the terms of the Indian Act. It notes the deficiencies of existing tests and of Canadian case law that has addressed Aboriginal identity in other contexts. It concludes by noting that the negotiations which must follow in the wake of Marshall present the opportunity for a new, good faith dialogue to establish the rules for ascertaining First Nations membership.

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