Canada's Response to Mi'kmaq Aboriginal and Treaty Fishing Rights: Reconciliation or Legal Colonial Oppression?

In 1999, the Supreme Court of Canada affirmed that the Treaties of 1760-1761 provided the Mi'kmaq, Wolastoqey, and Passamaquoddy Indige-nous peoples with the right to fish to earn a moderate livelihood. Today, 23 years later, such treaty rights remain unimplemented by Canada. This situ-ation has created significant conflict and violence for Indigenous people who attempt to exercise such rights. This article examines the various rea-sons why such rights have remained unimplemented by Canada, and con-siders Canada's legislative and policy responses to such rights under the scope of their statutory authority, the common law and Canada's legal du-ties owed to Aboriginal peoples. Keywords © 2023 Copyright 2023 by Koninklijke Brill NV, Leiden, The Netherlands.