The Mi\u27kmaq and the Fishery: Beyond Food Requirements

The Mi\u27kmaq, the traditional Aboriginal nation in Nova Scotia, are struggling to find their place in the modern fishery. Significant milestones have been achieved, including the Denny, Paul and Sylliboy (N.S.C.A.) case establishing the right of the Mi\u27kmaq to harvest fish for food and the Simon (S.C.C.) case affirming the continuing validityof the Mi\u27kmaq Treatyof 1752, a treaty that contains an express right to sell fish. Though fishing by the Mi\u27kmaq for food no longer appears to be a subject of controversy (assuming the needs of conservation have been met), the spectre of commercial aspects to the Mi\u27kmaq fishery is meeting resistance. This paperexplains the background to these developments andcomments on the future role of the Mi\u27kmaq in the commercial fishery. The author argues that the present collapse in the fishery was not the fault of the Mi\u27kmaq and the Mi\u27kmaq should be accorded a priority in future harvesting. Further, Mi\u27kmaq participation and resource management raise issues of self-government that must resolved through Mi\u27kmaq governmental mechanisms