Supporting Evidence
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Canada’s Response to Mi’kmaq Aboriginal and Treaty Fishing Rights: Reconciliation or Legal Colonial Oppression?
Type of Evidence: Academic Literature
Summary of Key Findings:The article examines the unimplemented treaty rights of Mi’kmaq, Wolastoqey, and Passamaquoddy peoples to fish for a moderate livelihood, as affirmed by the Supreme Court of Canada in 1999, investigating the reasons for non-implementation and evaluating Canada’s legislative and policy responses in relation to its legal duties to Aboriginal peoples.
Topics & Keywords:Legal colonial oppression, Mi’kmaq Aboriginal and Treaty Fishing Rights, Right to fish to earn a moderate livelihood, Treaties of 1760–1761, Unimplemented treaty rightsLimitations:The study is constrained by the 23-year non-implementation of treaty rights, which has resulted in conflict and violence, alongside identified gaps in Canada’s legislative and policy responses to these rights.
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Indigenous Self-determination in Fisheries Governance: Implications from New Zealand and Atlantic Canada
Type of Evidence: Academic Literature
Summary of Key Findings:This paper examines Indigenous rights to self-determination in fisheries governance in New Zealand and Canada, finding that mere reallocation of harvest rights is insufficient, settler-state policies hinder small-scale fishing operations, and polycentric governance presents challenges, thus calling for legal reforms to address political risks and support genuine Indigenous self-determination.
Topics & Keywords:Blue Economy, Fisheries governance, Indigenous self-determination, Polycentric governance, UNDRIPLimitations:The study’s scope is constrained by the limited understanding of Indigenous self-determination amid climate change and Blue Economy developments, the insufficiency of state recognition alone, significant challenges from settler-state policies and necessary trade-offs, the influence of other resource users, and static governance structures that fail to account for changing conditions and context-specific resource access needs.
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‘A Bureaucracy within a Bureaucracy’: The Department of Fisheries and Oceans and Relationships under the Maa-nulth Treaty
Type of Evidence: Academic Literature
Summary of Key Findings:The paper examines strained relationships between the Department of Fisheries and Oceans and nuučaan̓uł Nations, revealing power inequities and fishing rights issues through a decade-long study of Maa-nulth Treaty implementation, while highlighting both challenges and strengths in exercising treaty rights, including recognition of traditional governance and legal authorities.
Topics & Keywords:First Nations relationships, Fishing, Huu-ay-aht First Nations, Indigenous rights and responsibilities, modern treaty making, Power inequities, ReconciliationLimitations:The study’s applicability is constrained by its specific focus on nuučaan̓uł and huuʕiiʔatḥ peoples, incomplete coverage of the Maa-nulth Treaty’s full complexity, a broader context of reserve creation and fisheries management not fully explored, the inherent limitation of working within colonial legal frameworks, and the authors’ acknowledgment that interview data has only been partially analyzed.
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