Statement from Minister Lebouthillier to mark 25 years since the Marshall decisions

September 17, 2024

Ottawa, Ontario - In 1999, the Supreme Court of Canada rendered the Marshall decisions, which affirmed that the 34 Mi'kmaq and Wolastoqey Nations in New Brunswick, Prince Edward Island, Nova Scotia, and the Gaspé region of Quebec have a treaty right to fish, hunt, and gather in pursuit of a moderate livelihood. This right stems from the Peace and Friendship Treaties of 1760 and 1761. In 2017, the Peskotomuhkati Nation at Skutik was also identified as a Nation implicated by the Marshall decisions.

Today, 25 years since these historic decisions, we must honour their significance and acknowledge the Government of Canada’s commitment to reconciliation and the recognition of rights.

The Marshall decisions are not just legal recognition for First Nations. They were a crucial move towards addressing injustices and recognizing treaty rights. They set in motion required actions by the federal government to support Indigenous communities’ increased participation in commercial fisheries. They are a significant step towards reconciliation and promoting equity and respect for Indigenous rights within the management of Atlantic Canada’s fisheries. They also highlighted the need to ensure continued, collaborative, and sustainable resource management while supporting First Nations communities to more fully benefit from their traditional fisheries and building on their already significant contributions to the broader economy.

As we highlight the landmark Marshall decisions, we re-affirm our commitment to working with First Nations communities to further implement their right to fish in pursuit of a moderate livelihood. While much has been accomplished by First Nations since 1999, the Government of Canada will continue to work in partnership with Indigenous communities to ensure that the rights conveyed through the Marshall decisions are met, without increasing overall fishing effort. Together, we must find ways to reach common ground, where all harvesters can share their perspectives, where Indigenous voices and ideas are shared, heard, and respected.

In addition to the Department’s efforts to advance reconciliation and rights recognition, two common objectives unite everyone involved in the fisheries: First, the conservation and preservation of the ocean environment in a way that can support access to healthy resources for generations to come, second, orderly, well-managed fisheries that allow harvesters to fish without interference. These two principles, along with reconciliation with Indigenous peoples, guide this Department, and it is through this lens that we can continue to find common ground.

Progress is not linear and we have hard work ahead. We must continue our work in partnership with Indigenous communities to uphold treaty rights as part of our commitment to sustainable, orderly, and prosperous fisheries.