Marshall Decision II: ‘The Clarification’

On September 17, 1999, the Supreme Court of Canada released the
Marshall Decision. This ruling, which affirmed an Aboriginal treaty right to participate in the largely regulated commercial fishery in pursuit of a
‘moderate livelihood’. This ruling left many questions unanswered and caused uncertainty in the Maritimes, Gulf and Quebec regions. Marshall II, referred to as the ‘clarification’ was released two months later which addressed the uncertainties surrounding the ruling.

First Nations’ Commercial Fishery Access

The commercial fishery is vital to Atlantic Canada.
Know the facts about First Nations' access to the commercial fisheries.

First Nations Fishery Access

Gulf Region - Snow Crab

Following the 1999 Marshall Decision, the Government of Canada provided over $550 million in support to First Nations’ communities to provide access to the commercial fishery in pursuit of a ‘moderate livelihood’. The Marshall Response Initiative provided access to some of the most lucrative fisheries in Canada.