The Members of Mi’kmaq First Nations in Nova Scotia are beneficiaries of the Covenant Chain of Treaties made with the Crown between 1725 and 1761, including the Treaties of 1760-61 that were the subject of the 1999 Supreme Court of Canada decision in the case of Donald Marshall, Jr.
In accordance with these Treaties, Mi’kmaq in Nova Scotia have the constitutionally defined rights to harvest and sell natural resources, including fish. Accordingly, Mi’kmaq Band Councils in Nova Scotia recognize the obligation to manage fisheries activities of the Mi’kmaq communities’ members in Nova Scotia.
The Netukulimk Treaty Rights Protected Fisheries Protocol (the “Protocol”) is now in effect. That Protocol does not apply to Food, Social and Ceremonial (“FSC”) Harvest in the exercise of Aboriginal Rights.