Fisheries committee  The court in Marshall I found that Marshall was fishing out of season. The court found that the restriction on fishing within season was unconstitutional in that particular case. Does that answer your question?

Fisheries committee  In fact, it addresses that directly in the paper I gave to the committee, and was recently posted as an article on Policy Options. When the commercial agreements came out of Marshall, the negotiators actually told the Mi'kmaq that this was not the implementation of a moderate li

Fisheries committee  Well, I think by getting out of the mentality of one government enforces and the other one is not really a government and doesn't have any say in it. I think it's about working together to address mutual issues of concern. There are some examples of this. Monsieur Rodon already

Fisheries committee  It's hard in sort of the abstract to give a lot of examples. Again, I think it goes back to talking through on probably a species by species.... Lobster might be different from shrimp, and various other species might be different, but it's about looking at what are the demands on

Fisheries committee  Okay. I think some of Monsieur Rodon's suggestions around co-management are really key. I think it's about the parties working together and talking together. The legal context here is complicated, right? It's not black and white. That was in the article which I submitted to the

Fisheries committee  It's on the public record, so I think it's fine for me to talk about. It was a case in 2013. This was after the assembly had been at their tripartite table for quite some time waiting for the Canadian negotiators to come to the table with a mandate to negotiate fisheries. By th

Fisheries committee  It's in abeyance. At first Canada tried to fight the case, but we managed to keep the case going. By the point it was clear they were not going to get a matter struck, negotiators then came to the table and said they had an increased mandate to negotiate, but here we are seven ye

Fisheries committee  That was in 2013. It was started in 2013, and we put it in abeyance in that year, too.

Fisheries committee  I think a Mi'kmaw law and a Mi'kmaw lens can help us see that. We were a people who shared with each other. We were a communal society, and so I think our own values can help inform that.

Fisheries committee  I can only say looking from the outside—I'm not their legal counsel—that given the fact there were communal management plans that were set in place, it seems as if that's what they were attempting to do, which would be consistent with the law.

Fisheries committee  There is this concept in Mi’kmaq called netukulimk. It is a broad concept. We're doing some research on what it fully means. I think there's some more work that can be done on that. The Unama’ki Institute of Natural Resources has some good information on this as well. It's a conc

Fisheries committee  I guess since I'm the lawyer, it would make some sense to. I would probably ask you for more details about your question because it's pretty generally formed. In terms of section 35, it has been held by the Supreme Court to protect collective rights. However, the Supreme Court

Fisheries committee  There are several decisions from the Supreme Court now that suggest a communal right implies a right to manage the right—sort of an implicit right to self-government. In Tsilhqot'in, the Supreme Court referenced that in relation to aboriginal title, but even in Marshall II, the S

Fisheries committee  I haven't read the letter, but certainly there is some concern that perhaps the government has not been coming out clearly with messaging in terms of what these rights are. It's letting people try to take the law into their own hands and allowing narratives that make it sound lik

Fisheries committee  Forgive me if I don't get the question. I may get you to reframe it. I was involved when I was a lawyer in a court case in 2013 and represented 12 of the 13 Mi'kmaq first nations from Nova Scotia in going to court. At that time, because they had been at the negotiation table seek