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Legal History

Schulich School of Law, Dalhousie University

Fishery

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Full-Text Articles in Law

The One That Got Away: Fishery Reserves In Prince Edward Island, Rusty Bittermann, Margaret E. Mccallum Oct 2005

The One That Got Away: Fishery Reserves In Prince Edward Island, Rusty Bittermann, Margaret E. Mccallum

Dalhousie Law Journal

In 1767, the British government divided Prince Edward Island into sixty-seven townships of about 20,000 acres each, and allocated all but one of these to about one hundred people who had some claim on the Crown's munificence. Subsequently, Island governments complained of their disadvantaged state in comparison with other British North American colonies, which could raise revenue by selling rights to Crown land and resources. Their complaints, although not totally unjustified, did not acknowledge the extensive and valuable lands which the Crown retained as fishery reserves. Most of the township grants reserved rights to the first 500 feet of land …


The Mi'kmaq And The Fishery: Beyond Food Requirements, Bruce H. Wildsmith Apr 1995

The Mi'kmaq And The Fishery: Beyond Food Requirements, Bruce H. Wildsmith

Dalhousie Law Journal

The Mi'kmaq, the traditional Aboriginal nation in Nova Scotia, are struggling to find their place in the modern fishery. Significant milestones have been achieved, including the Denny, Paul and Sylliboy (N.S.C.A.) case establishing the right of the Mi'kmaq to harvest fish for food and the Simon (S.C.C.) case affirming the continuing validityof the Mi'kmaq Treatyof 1752, a treaty that contains an express right to sell fish. Though fishing by the Mi'kmaq for food no longer appears to be a subject of controversy (assuming the needs of conservation have been met), the spectre of commercial aspects to the Mi'kmaq fishery is …