Treaty Protected Fishery

As Islanders, we all share a connection to the sea, and together we have established ways to access its resources.
Mi’kmaq are guaranteed priority access by constitutionally-entrenched Aboriginal and Treaty Rights.


In September 1999, the Supreme Court of Canada released the Marshall decision. It was a landmark day for the Mi’kmaq. It confirmed what we have maintained for generations – that the Treaties signed by our ancestors guaranteed our right to hunt, fish and gather to generate a moderate livelihood.

It is important to remember that the Marshall decision did not grant the Mi’kmaq any rights.  Instead, it confirmed that the Mi’kmaq had an existing treaty right through the Peace and Friendship Treaties signed in 1760-61, and that this existing right was protected under Canada’s Constitution.  In Epekwitk (PEI), the Lennox Island and Abegweit Councils are working with their communities to determine what the best next steps are for their respective First Nations in the exercise of the treaty right.

Two and a half centuries of treaty, one landmark Supreme Court ruling, and a right still being implemented. Learn the story of the Treaty Protected Fishery on Epekwitk.

Understanding the Epekwitk Mi’kmaq Treaty Protected Fishery – Part 1

L’nuey Communications Officer Sean Doke speaks with colleague and Senior Negotiator Tracey Cutcliffe to get an in-depth explanation of the complex legal history behind the “Moderate Livelihood” or “Treaty Protected Fishery”.

Understanding the Epekwitk Mi’kmaq Treaty Protected Fishery – Part 2

L’nuey Communications Officer Sean Doke picks up where he left off with Senior Negotiator Tracey Cutcliffe to hear about priority of access to the fisheries, the Treaty Protected Fishery, and how the Epekwitk Mi’kmaq are planning to exercise their treaty protected rights.

With rights come responsibilities. Hear how Netukulimk, the Mi’kmaw principle of conservation and sustainability, guides how the Epekwitnewaq Mi’kmaq exercise their treaty fishing rights today.

L’nuey was fortunate to collaborate with Mi’kmaq artist Loretta Gould in the creation and inspiration of images used in the Fisheries campaign – the third installment of our ongoing education initiative. Loretta’s art is spiritual and her love of bright, beautiful colours is evident in her work, with images that tell a story of Mi’kmaq life and serve as historical snapshots. Her signature style lends itself beautifully to helping create a better understanding about the Treaty Protected Fishery in Epekwitk.

L’nuey was thrilled to once again have Rebecca Thomas lend her incredible voice and talent to narrating the Fisheries video. A band member of Lennox Island First Nation, Rebecca is an award-winning Mi’kmaq poet and activist, who, in addition to being published in various journals and magazines, has also written a critically-acclaimed children’s book. As a passionate advocate for education and protection of Mi’kmaq Rights, she was a natural fit for this important initiative.

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