Module 5 Flashcards
____ and Commercial Lobster Fisheries Conflict
Mi’kmaq
Mi’kmaq were trading with the __ for European foods, and trade items
a. French called upon the __ in times of starvation for food aid
French
a. Mik’maq
By 1830’s ____ tons harvested by Europeans, only 3000 Mi’kmaq remaining in territory due to introduction of disease and warefare
a. Facing starvation Netukulimk no longer involved in seasonal harvest, instead they worked on ___ farms
250,000
a. blueberry
Licensing had a ___ impact on those ___ fishing without a license
negative, commercial
In 1985 Supreme Court held that the Treaty of ___ was still in force: right to hunt and __ for food
Halifax, fish
Marshall Decision (1999): upholds the right to a \_\_\_ livelihood for Mi'kmaq to fish \_\_\_ a. The lack of clarity over moderate livelihood has led to violence between Mikmaq fisherman by non Native fishers
moderate, commercially
Collapse of cod ___ in the 1990’s led to large scale devastation in Atlantic region, lobster 26-__% of landed value
stock, 30
Treaties of 1760 and 1761
a. Treaties in 1760–> between Maliseet and Passanaquiddy
b. Signed 10 similar treaties with the ____ in 1761
b. Mi’kmaq
Resolved the issue of animosity between the First Nations and the British, and offered protection under the British, established a trade relationship, not a negotiation for lands
In 1763, the British __ the famous Royal Proclamation
issued
Fiduciary Relationship: gives rise to ___ that the terms are interpreted liberally and generously in the favor of the ___ party
a. The Royal Proclamation established the relationship between the Crown and Indigenous people, and outlines that the ___must act only in the best interests of Indigenous people
b. Section __ of the Constitution act, 1982
responsibilities, Aboriginal, crown
b. 35
R.V. Marshall
a. A man from Nova Scotia had been charged with fishing without a ___with a prohibited net during closed season
b. Called on the ___ treaty
c. Justice Binnie : accepted the argument that the treaty protected a right to both hunt and __ in a traditional matter and the right to trade those products
a. license
b. 1760
c. fish
Second part of the Marshall Decision: West Nova Coalition applied to Supreme court to have case reheard
a. Term gathered used in connection with types of resources usually gathered things such as ___ or berries
b. Under the DFO regulations, the food fishery catch can only be used for food, social or __ purposes
a. fruits
b. ceremonial