First Nations Rights (1)

In August of 1993, the authorities arrested Donald Marshall on three ..... under the Fisheries Act: the selling of eels without a license, fishing without a license and fishing during the closed season with illegal nets.

The issue at trial, his defense, was the affirmation of a treaty right to catch and sell fish as found in the treaties of 1760-61 that he believed exempted him from ..... with the fishery regulations.

The trial judge ..... him guilty.

However, in September, 1999, the Supreme Court of Canada allowed his ..... and acquitted him on all charges.

The court decided that Donald Marshall had a treaty right to ..... a 'moderate livelihood' by hunting, fishing and gathering natural resources.

By affirming the treaty right of First Nation peoples to make a moderate livelihood from fishing, hunting and gathering, the people of Burnt Church attempted to ..... their legally-affirmed treaty right by fishing for lobster in September and October, 1999.

This initiative was ..... with an unprovoked attack by non-native fishermen who cut lobster trap lines and destroyed $210,000 (Canadian) worth of traps belonging to the people of Burnt Church.

The Canadian government authorities, the Department of Fisheries and Oceans (DFO) and the Royal Canadian Mounted Police (RCMP), were .....; no action was taken to prevent or stop the destruction of property or escalating levels of violence.

An atmosphere of fear and anger emerged as violent threats, ....., and assaults increased between native and nonnative people.

One Mi'kmaq man was seriously injured during an ......