The Marshall Decision @ 25: StFX commemorates anniversary with Learning Lodges, Distinguished Speaker Panel, Art Exhibition

Kerry Prosper and Jane McMillan
StFX Elder on Campus Kerry Prosper (left) and anthropology professor Dr. L. Jane McMillan, organizers of The Marshall Decision @ 25: Honouring the Future of Peace and Friendship Treaties

The Deveau Centre for Indigenous Governance and Social Justice and the Brian Mulroney Institute of Government invite all to join them for “The Marshall Decision @ 25: Honouring the Future of Peace and Friendship Treaties.” An opening reception for an art gallery exhibition, Learning Lodges, a distinguished speaker panel, and a lunch and learn will take place on September 16-18, 2024 to commemorate the Supreme Court of Canada's landmark treaties ruling in R. v. Marshall (1999) and to re-vision the fulfillment of those foundational agreements. A month-long art exhibition will accompany these events.

“It’s important to commemorate this milestone,” says StFX anthropology professor Dr. L. Jane McMillan, who is organizing the event with StFX Elder on Campus Kerry Prosper.

Both were originally involved in the case. Dr. McMillan was Donald Marshall Jr.’s fishing partner when they were charged in Pomquet for catching and selling eels without a license. Elder Prosper was then Chief of neighbouring Paqtnkek Mi’kmaw Nation. The case was tried in Antigonish.

HONOUR LEGACY, MOVE FORWARD TOGETHER

“We wanted to host an event in the area where it all started, to honour Donald Marshall’s legacy from a personal perspective, and to invite the public to listen and learn from Mi’kmaq leadership, advocates, fishers, scientists and engaged youth,” Dr. McMillan says.

“It’s about the decision, its impact, and how to move forward together to honour the Peace and Friendship Treaties.”

Dr. McMillan says at the various events attendees will have opportunity to examine, to celebrate, and to learn what it means when we say, ‘we are all treaty people.’ They will also have the chance to hear directly from those involved in the case and the litigation of the treaty rights.

The Marshall Decision, a landmark in Canada, affirmed First Nations’ treaty rights to fish, hunt and gather in pursuit of a moderate livelihood. Donald Marshall Jr., a Mi’kmaq member of Membertou First Nation, appealed his case to the Supreme Court, which upheld the treaty rights promised to Indigenous peoples in the Peace and Friendship Treaties of 1760 and 1761 on September 17, 1999.

Dr. McMillan says the nature and scope of treaty rights are still not well understood, respected, or fully accepted by some Nova Scotia fishing communities, resulting in mistrust, tension, and even conflict at some Nova Scotia wharves.

“We still have a lot of work to do in terms of implementing treaty rights. We look forward to positive dialogue, relationship building, and better understanding of treaty rights.

“We would like to see the peace and friendship come back into the Peace and Friendship Treaties.”

ART EXHIBITION, LEARNING LODGES  

The organizers have partnered with the StFX Art Gallery (Mulroney Hall 2002) to host an opening reception on Monday, September 16th for the month-long exhibition, “Iapjiw Mikmwite'lmulten - We will always remember.” It features art works, photographs, documents, and videos related to Donald Marshall Jr.'s life, advocacy and achievements, as well as those of other Mi’kmaw people living as fishers. The net confiscated by the Department of Fisheries and Oceans and only returned to the community in 2019, as a gesture of reconciliation on the 20th anniversary of the decision, will be part of the exhibit. The net is on loan through the generosity of the Membertou Heritage Gallery and Chief Terry Paul and Trevor Bernard.

The reception starts at 7 p.m., with opening remarks by Grand Chief Norman Sylliboy and live virtual remarks by Senator PJ Prosper in Ottawa. StFX President Dr. Andy Hakin and Art Gallery Director Dr. Andrea Terry will also share remarks. Aaron Prosper will provide a song.

Four Learning Lodges will take place the next day, September 17th, starting at 10 a.m. and running through to 4:30 p.m. at the McKenna Centre for Leadership (Schwartz 414).

The first two Learning Lodges will offer reflections and recollections from the case, including remarks from members of the legal team and expert witnesses. The afternoon sessions will look at honouring the future of the Peace and Friendship Treaties. The participants include many renowned members and allies of the Mi’kmaq community.  

DISTINGUISHED PANEL

That evening, the Deveau Centre, in partnership with the Brian Mulroney Institute of Government, presents the Distinguished Speakers Series, “The Marshall Decision @ 25: Honouring the Future of Peace and Friendship Treaties”, at 7 p.m., Schwartz Auditorium

Keynote speakers are Chief Terry Paul, OC, Membertou; Bruce Wildsmith, KC – treaty rights litigator, negotiator and Donald Marshall’s lawyer; and Senator Dan Christmas, Membertou.  

For more information, please visit The Marshall Decision @ 25