The article explores Mi’kmaw Aboriginal and treaty-based fisheries, focusing on whether they should be viewed as legal constructs or as a value-based way of life.
It argues that Mi’kmaw fisheries are more than just legal rights—they are deeply connected to Mi’kmaw culture, governance, and values. Fishing is a central part of their identity, providing not only sustenance but also spiritual and cultural significance.
The article highlights the importance of Netukulimk, a Mi’kmaw concept of sustainable use of resources, as a guiding principle in their fishing practices.
The Canadian legal system often tries to regulate these fisheries through laws and policies, like the Fisheries Act, which can clash with the Mi’kmaw's traditional way of managing fisheries. Court decisions like R. v. Sparrow and R. v. Marshall confirmed Aboriginal rights to fish for livelihood, but the article argues these legal frameworks do not fully capture the Mi’kmaw perspective.
Ultimately, the article calls for a governance system that respects Mi’kmaw traditions and values, moving beyond purely legal interpretations to include their cultural and ecological approaches to resource management.