Parallel The Pas Indian Band 1978 Case to 2021 Mi'kmaq Harvesting Rights

Paul C. Thistle's picture

Dear colleagues:

Ongoing controversy surrounding the Sipekne'katik First Nation exercising the treaty rights of Mi'kmaq people to fish lobster for a "moderate livelihood” stimulated me to revisit a related 1978 court case surrounding the migratory birds harvesting rights of The Pas Indian Band (now Opaskwayak Cree Nation) in west central Manitoba, Canada. 


See the blog post “The Pas Indian Band Migratory Birds Hunting Rights Case, 1978.” It outlines the legal foundations of the matter stretching from “natural law,” treaty, government legislation, Supreme Court of Canada decisions, through the current Canadian Constitution validating Indigenous harvesting rights at (accessed 15 February 2021).


Interestingly, the wording of the many protest march signs carried by 300 Band members in 1978 seen in the accompanying photos are still relevant & instructive in 2021.