The Assembly of Nova Scotia Mi’kmaw Chiefs understands the frustrations of Mi’kmaq who are unable to earn a moderate livelihood from fishing, despite the Right being affirmed by the highest courts in the country.
In the 1999 Marshall decision, the court directed that the process of determining what is required to implement the Treaty Right to fish for the purpose of earning a moderate livelihood may best be resolved in consultation and negotiations.
In the 1999 the Supreme Court of Canada affirmed the right for Mi’kmaq to harvest and sell fish, wildlife, wild fruit and berries to provide a moderate livelihood. It has been 18 years since that decision, yet the Department of Fisheries and Oceans (DFO) has still not recognized this Moderate Livelihood Fishery, which is distinct from a commercial fishery.