Looks at the Supreme Court case where Canadian Aboriginal David Marshall won the right to fish under his rights as Mi’kmaq.
In 1996 Donald Marshall was convicted of fishing illegally. The case was appealed to the Supreme Court successfully on the basis of Marshall’s Treaty Rights as a Mi’kmaq. This discussion outlines the facts surrounding the Marshall case, the Supreme Court decision on appeal and the case’s role as a precedent. It outlines the implications of the Marshall case for Constitutional Law and Treaty rights across Canada.