Conservation Controversy: Sparrow, Marshall, and the Mikmaq of Esgeno??petitj
"This paper explores the interplay between the Sparrow and Marshall decisions of the Supreme Court of Canada, and the sovereigntist and traditionalist convictions of the Mikmaq of the Esgeno??petitj/Burnt Church First Nation, as expressed in the conservationist language of the Draft for the Esg...
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ftdlc:oai:http://dlc.dlib.indiana.edu:10535/7817 2023-05-15T16:16:40+02:00 Conservation Controversy: Sparrow, Marshall, and the Mikmaq of Esgeno??petitj King, Sarah J. North America Canada 2011 http://hdl.handle.net/10535/7817 English eng http://hdl.handle.net/10535/7817 The International Indigenous Policy Journal 2 4 conservation fisheries indigenous institutions traditional knowledge Social Organization Journal Article published Case Study 2011 ftdlc 2021-03-11T16:18:30Z "This paper explores the interplay between the Sparrow and Marshall decisions of the Supreme Court of Canada, and the sovereigntist and traditionalist convictions of the Mikmaq of the Esgeno??petitj/Burnt Church First Nation, as expressed in the conservationist language of the Draft for the Esgenoopotitj First Nations (EFN) Fishery Act (Fisheries Policy). With the Supreme Court of Canada's decision in Sparrow, conservation became an important justification available to the Canadian government to support its regulatory infringement on aboriginal and treaty rights. Ten years later, in Marshall, the Court recognized the treaty rights of the Mikmaq to a limited commercial fishery. The EFN Fishery Act, written to govern the controversial post-Marshall fishery in Esgeno??petitj (also known as the Burnt Church First Nation) demonstrates that for the Mikmaq, scientific management, traditional knowledge, sovereignty and spirituality are understood in a holistic philosophy. The focus placed on conservation by the courts, and the management focused approach taken by the government at Esgeno??petitj have led to government policy which treats conservation simply as a resource access and management problem. Conservation, which the Court deems 'uncontroversial' in Sparrow, is a politically loaded ideal in post-Marshall Burnt Church." Article in Journal/Newspaper First Nations Indiana University: Digital Library of the Commons (DLC) Canada |
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Open Polar |
collection |
Indiana University: Digital Library of the Commons (DLC) |
op_collection_id |
ftdlc |
language |
English |
topic |
conservation fisheries indigenous institutions traditional knowledge Social Organization |
spellingShingle |
conservation fisheries indigenous institutions traditional knowledge Social Organization King, Sarah J. Conservation Controversy: Sparrow, Marshall, and the Mikmaq of Esgeno??petitj |
topic_facet |
conservation fisheries indigenous institutions traditional knowledge Social Organization |
description |
"This paper explores the interplay between the Sparrow and Marshall decisions of the Supreme Court of Canada, and the sovereigntist and traditionalist convictions of the Mikmaq of the Esgeno??petitj/Burnt Church First Nation, as expressed in the conservationist language of the Draft for the Esgenoopotitj First Nations (EFN) Fishery Act (Fisheries Policy). With the Supreme Court of Canada's decision in Sparrow, conservation became an important justification available to the Canadian government to support its regulatory infringement on aboriginal and treaty rights. Ten years later, in Marshall, the Court recognized the treaty rights of the Mikmaq to a limited commercial fishery. The EFN Fishery Act, written to govern the controversial post-Marshall fishery in Esgeno??petitj (also known as the Burnt Church First Nation) demonstrates that for the Mikmaq, scientific management, traditional knowledge, sovereignty and spirituality are understood in a holistic philosophy. The focus placed on conservation by the courts, and the management focused approach taken by the government at Esgeno??petitj have led to government policy which treats conservation simply as a resource access and management problem. Conservation, which the Court deems 'uncontroversial' in Sparrow, is a politically loaded ideal in post-Marshall Burnt Church." |
format |
Article in Journal/Newspaper |
author |
King, Sarah J. |
author_facet |
King, Sarah J. |
author_sort |
King, Sarah J. |
title |
Conservation Controversy: Sparrow, Marshall, and the Mikmaq of Esgeno??petitj |
title_short |
Conservation Controversy: Sparrow, Marshall, and the Mikmaq of Esgeno??petitj |
title_full |
Conservation Controversy: Sparrow, Marshall, and the Mikmaq of Esgeno??petitj |
title_fullStr |
Conservation Controversy: Sparrow, Marshall, and the Mikmaq of Esgeno??petitj |
title_full_unstemmed |
Conservation Controversy: Sparrow, Marshall, and the Mikmaq of Esgeno??petitj |
title_sort |
conservation controversy: sparrow, marshall, and the mikmaq of esgeno??petitj |
publishDate |
2011 |
url |
http://hdl.handle.net/10535/7817 |
op_coverage |
North America Canada |
geographic |
Canada |
geographic_facet |
Canada |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
http://hdl.handle.net/10535/7817 The International Indigenous Policy Journal 2 4 |
_version_ |
1766002520904171520 |