The Marshall Decision

A detailed Summary of The Marshall Decision


Who: Donald Marshall (a Mikmaq fisherman), Native and non-native fisherman,

Supreme Court of Canada and Herb Dhaliwal (minister of Fisheries and ocean).

Issue: Donald Marshall, a mikmaq fisherman took a case to the Supreme Court of

Canada arguing that a treaty from 1760 gave him aboriginal fishing rights and he won the

trail justifying three conviction he had on fishing with out a license, fishing off season

and fishing with illegal nets. After the Court ruled in Marshalls favor, many native

fisherman started fishing off season as well. The Minister of Fisheries and Ocean, Herb

Dhaliwal, than banned fishing from the Miramichi Bay to conserve the sea life, which is

being endangered by the off season fishing. The Minister of Fisheries and Ocean

explained that the lobster are being caught before they have time to reproduce themselves,

but aboriginal fisherman fought that the federal fishing regulation


choices currently made destroyed and vandalized native fishing traps to prevent them

and that they would continue fishing. Also that they had their own way of conserving and

non-native fisherman over the Marshall decision till this day. The question asked by

and Ocean continue to look for a solution that will satisfy all parties involved in this

This site was not biased, but it was very criticizing. I liked what the writer thought of the situation, but It



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Approximate Word count = 648
Approximate Pages = 3 (250 words per page double spaced)

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