25 Years Since Marshall Decision
On September 17, 1999, the Supreme Court of Canada ruled that Donald Marshall Jr., a Mi’kmaw man from Membertou, was lawfully exercising his treaty rights when he was arrested for catching and selling eels out of season and without a licence.
The ruling affirmed the rights of Mi’kmaw fishers and hunters to pursue a moderate livelihood in accordance with the Peace and Friendship Treaties of 1760-61. Marshall’s pursuit of justice is heralded as a monumental step forward in the ongoing efforts of Indigenous persons to have treaty rights honoured.
The Supreme Court ruling stated that the treaties affirmed the Mi’kmaq right to fish, hunt, and gather for a "moderate livelihood" without the need for government-issued licenses. The decision clarified the legal status of Indigenous treaty rights and raised broader issues around Indigenous sovereignty, resource management, and reconciliation. It reinforced the principle that historical treaties must be respected in contemporary law, making it a cornerstone case in the ongoing efforts to restore Indigenous rights throughout Canada.