Two decades after landmark ruling, Mi’kmaq still battling prejudice over fishing rights

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The Sipekne’katik First Nation launched its ‘moderate livelihood fishery’ in September on the 21st anniversary of Supreme Court ruling that affirmed the Mi’kmaq right to fish for a living outside the federally regulated season

This translation has been automatically generated and has not been verified for accuracy.Lobster boat captain Levi Paul Sr., third from left, is surrounded by his crew and fellow fishermen from the Sipekne'katik First Nation while at the wharf in Saulnierville, N.S. on Oct. 20, 2020 following a morning of harvesting lobster on St. Mary's Bay.The little boat is chugging away from the wharf under a dull sky when captain Levi Paul Sr., his cigarette down to a nub, flips on the speaker.

Family members say Mr. Marshall, who was shy and uncomfortable in the spotlight, fought for Mi’kmaq people in large part because of injustice he personally experienced. He’d be frustrated to see many of the hurdles that faced Indigenous fishermen in his era are still firmly in place, said his widow, Colleen D’Orsay.

“This means everything to me. We’re not trying to get rich. We’re doing this because it’s a way for us to provide for our families.”From: Evan Dennis, Nikita Paul and Andrew Robinson, harvest lobster in St. Mary's Bay, N.S. on Oct. 20, 2020.Darren Calabrese/The Globe and Mail Mr. Paul, 38, has big hopes for the future. He wants to buy a bigger, better boat, and one day move out of his mother’s crowded house and into a home of his own. He wants his children to join him as fishermen, when it’s safe again. But as happy as he is on the water, Mr. Paul is also worried.

Vandalism has only increased their costs. Mr. Paul says he lost $7,000 in traps when commercial fishermen cut Sipekne’katik gear out in the bay in protest of the band’s fishery. But for two men who have been fishing together since they were teenagers, nothing surprises them any more. He spent six years fighting that conviction, taking it all the way to the Supreme Court of Canada, which ruled he had a right to fish and hunt for a “moderate livelihood” as part of historical treaty rights that the Mi’kmaq had been granted in 1760 by the British Crown.

The two older men fled the scene, but Mr. Marshall stuck around to help his friend. Mr. Seale died of his wounds the next day. A deeply flawed investigation by the Sydney Police Department zeroed in immediately on the Mi’kmaq teen as the prime suspect. ending the practice of appointing judges based on political connections instead of their qualifications.

The wrongful conviction also gave Mr. Marshall, who became a reluctant activist for Indigenous rights, an understandable suspicion of authority. His widow went to Saulnierville last month with their son, also named Donald Marshall, to watch the launch of the moderate livelihood fishery on the anniversary of the Marshall decision.

 

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Rulings alone are never leading to solutions

Another coin with only one side / the truths will rise to the surface just like your reports on / The big fire / The locals now know who set the fire and there's circumstances surrounding this person that is of an incriminating nature waiting to be proven.

Yep fishing out of season

Stealing

Being able to fish outside of lobster season? Im sure no-one is going to take advantage of that, not at all...

Hard to imagine how different rules for different people made by elites & lawyers in Ottawa could have negative results in the real world. Lets just keep have Trudeau & his corrupt Govt calling Canadians racist that should fix the problem...

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