However, the court also ruled the federal government could infringe on the Treaty if there is a compelling reason to do so, like conservation.įisheries and Oceans Canada (DFO) sees what Doucette is doing as illegal because he is fishing out of season and will affect lobster conservation. Those Treaties were signed between the Mi’kmaq, Maliseet and Passamaquoddy and the British. After appealing, the Supreme Court reversed the convictions in 1999 affirming the hunting, fishing and gathering rights promised to Indigenous peoples in the 1760 Peace and Friendship Treaties. The ruling involved Donald Marshall Jr., who was charged and convicted of three Fisheries Act infractions in 1993. “Where we are standing right now, its unceded Mi’kmaw Territory,” added Doucette. Doucette says he is fishing under his inherent Treaty Right to fish, hunt and gather in pursuit of a moderate livelihood, with those rights upheld by a Supreme Court ruling. Peter’s Bay area of Nova Scotia since the beginning of October. “We’re just trying to catch some lobster to sell and feed our kids and give our family a roof over their head,” said Mi’kmaw fisherman Craig Doucette.ĭoucette and a few others from Potlotek have been fishing in the St. Catching and selling lobster during the fall season is how some Mi’kmaw fishermen of Potlotek First Nation make a living.
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