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Assembly of First Nations (AFN) Calls for Full Implementation of Treaty Rights on the 25th Anniversary of the Marshall Decision

Published: Sep 17, 2024Press Release

(September 17, 2024 – Unceded Algonquin Territory, Ottawa, Ontario) — The Assembly of First Nations (AFN) National Chief Cindy Woodhouse Nepinak is calling for the full implementation of Treaty rights on the 25th anniversary of the historic Supreme Court of Canada’s Marshall Decision, which recognized the treaty rights of the Mi’kmaq, Wolastoqiyik, and Peskotomuhkati Peoples to hunt, fish, and gather for a customary livelihood under the 1760-61 Peace and Friendship Treaties. 

“Today, we celebrate the 25th anniversary of the Marshall Decision, a historic milestone in the journey towards justice and the affirmation of our Treaty rights, and honour the legacy of Donald Marshall Jr., whose courage and determination led to this significant ruling,” said AFN National Chief Cindy Woodhouse Nepinak. “This decision was a critical step in acknowledging the rights long denied to First Nations in managing their natural resources, and a legal victory for the Mi’kmaq, Maliseet, and Passamaquoddy peoples, and all First Nations across Turtle Island.”

“Although progress has been made since this decision in 1999, the journey towards fully implementing these rights remains incomplete, and as a result, economic gaps and conflicts between rights-based and licensed-based fish harvesters persist. It is important that we not only respect these rights, but fully integrate them into fisheries management and economic opportunities for First Nations.

Today, we call on all levels of government to honour the Supreme Court’s ruling by implementing these rights and working collaboratively with First Nations to address the regulatory, management, and enforcement challenges that continue to impact our Nations. This includes taking immediate steps, to review, amend, or modify as necessary, all relevant laws, regulations, policies, and practices regarding rights-based fisheries to ensure they are in line with Canada’s domestic and international obligations, including the Constitution Act, 1982 and the United Nations Declaration on the Rights of Indigenous Peoples.

As we reflect on the past 25 years, the AFN will continue to advocate for the full implementation of rights-based fishing as directed by AFN Resolution 08/2020, Systemic Racism in all Federal Agencies including Fisheries and Oceans Canada’s Response to Sipekne’katik First Nation’s Inherent Rights-based Fishery, and AFN Resolution 115/2019, Full Implementation of the Supreme Court of Canada Marshall Decision.”

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The Assembly of First Nations (AFN) is a national advocacy organization that works to advance the collective aspirations of First Nations individuals and communities across Canada on matters of national or international nature and concern. 

For more information please contact:

Jennifer Stern
Communications Officer
Assembly of First Nations
(343) 576-8956
[email protected]

Jamie Monastyrski
Press Secretary
Office of the National Chief
(613) 612-7229 (mobile)
[email protected]