300 years after treaty signing, Mi'kmaw leaders say the fight for rights recognition continues

The Mi'kmaw Grand Council gathered at one time once again before this month at fort up Anne in capital of maryland Royal, N.S., standing on the same ground where their predecessors signed the first Peace and Friendship treaty with the British Crown 300 years ago.

The council continues to represent communities in New Brunswick, Nova Scotia and Prince Edward Island, and for Phillip Prosper, a Keptin on the council, being there was deeply meaningful. 

"The Mi'kmaw Grand Council signed these treaties," said Prosper.

"The fact that I'm here as a council member brings me a lot of pride."

The Peace and Friendship treaties differ from other treaties because they don't involve the surrender of land. These treaties were intended to end hostilities between the British and Wabanaki nations, including the Wolastoqiyik, Passamaquoddy, Penobscot, Abenaki and Mi'kmaq.

They guarantee the fishing, hunting and gathering rights of the Wabanaki.

For Prosper, the treaties are not the source of Mi'kmaw rights. They simply recognize the rights that existed long before Europeans arrived.

"The fact that we have to fight to use them is the worst part of it," said Prosper.

Sherry Pictou, district chief with the Confederacy of Mainland Mi'kmaq and a professor at Dalhousie University in Halifax, said the treaties show the careful negotiations the Wabanaki undertook before signing.

She points to language in the 1752 treaty, where Mi'kmaw leaders signed "for themselves and their said tribe, their heirs, and the heirs of their heirs forever."

"That's our seventh generation thinking," she said.

"That's forever."

Pictou said what is frustrating is watching Mi'kmaq have to go to court to defend the rights protected in these treaties, like in 1927 when Grand Chief Gabriel Sylliboy was charged for possessing muskrat pelts outside of hunting season.

Sylliboy relied on the 1752 treaty to defend his actions and lost his case. Almost 90 years later, Nova Scotia issued a pardon and formally apologized for the racism, discrimination and treaty denial he experienced.

Mi'kmaw historian and Grand Council Keptin Don Julien said similar legal battles followed.

In 1980, James Simon was charged and convicted for possessing a rifle and shotgun shells off-reserve near Sipekne'katik.

Relying on the 1752 treaty's recognition of his right to hunt, Simon successfully appealed to the Supreme Court of Canada and he was acquitted.

When Donald Marshall Jr., was charged for catching and selling eels in 1993. Mi'kmaw leadership supported him as he took his case, relying on the treaty of 1760/61, all the way to the Supreme Court. It affirmed a treaty right to earn a moderate livelihood from fishing in 1999. 

A second decision a few months later clarifying the first one "watered down" the ruling, said Julien. It stated that treaty rights could be limited for conservation reasons or other public objectives.

Antle Denny, Kji-Keptin of the Mi'kmaw Grand Council, spoke at the anniversary gathering about sovereignty, treaty relationships and accountability.

He described the treaties as agreements between two nations: the British Crown and the Mi'kmaw "crown:" the Grand Council.

"We have a 'crown:' our grand chief, our executive," said Denny.

"As a sovereign nation, we never gave it up."

That traditional system of governance remains active today.

He said he hopes to see the creation of a treaty commissioner position in government to help repair the relationship, when it comes to Canada understanding and interpreting the treaties.

Federal and provincial government dignitaries including Crown-Indigenous Relations Minister Rebecca Alty and Nova Scotia's Lt.-Gov. Mike Savage attended the anniversary ceremony. 

The signing of the treaty was designated a national historic event, with a commemorative tri-lingual plaque unveiled and 300th anniversary commemoration medals given to Mi'kmaw dignitaries.

Nova Scotia Premier Tim Houston did not attend. A representative from the premier's office said in an email the province was represented by Leah Martin, minister of L'nu Affairs.

"The premier supports her leadership on this file," the email stated.

"Many of the chiefs have the premier’s cell phone number and know how to reach him."

Martin wasn't among the speakers. In a social media post, she said "It was an honour to arrive just in time to witness the full ceremony and reflect on this moment in history and the relationships they represent."

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The anniversary comes amid ongoing tensions between the provincial government and Mi'kmaw leadership over issues including uranium exploration, a crackdown on cannabis sales and new legislation making it illegal to block logging roads on Crown land.

At Fort Anne, leaders like Prosper, Pictou and Julien stressed the importance for youth to understand the treaties. 

"They will have to fight for them in the future," said Prosper.

He said he hopes they understand the importance of keeping treaty rights alive.

Jacqueline Prosper, treaty education lead with Mi'kmaw Kina'matnewey (MK), an education authority in Nova Scotia, said MK incorporates treaty education in schools across Nova Scotia.

"The treaties are living agreements, they're sacred," said Jacqueline Prosper.

"It's important to carry that information forward so that none of it is forgotten and we maintain our connection to this territory."

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