First Nations' government support is crucial to the establishment of marine protected areas (MPAs) in Canadian waters. The Canadian Constitution
establishes aboriginal rights and title and subsequent rulings
from Canada’s Supreme Court have clarified how these rights are defined. The 1990 Sparrow decision dealt specifically with aboriginal access to fisheries based on their traditional practices. The use of oral history to prove historical rights and title was confirmed in the 1997 Delgamuukw decision. These, along with other precedent-setting cases, are shaping the rights that must be respected in the establishment of MPAs.
Court cases, and legal implications aside, Living Oceans Society believes there is a moral obligation to respect the First Nations as governments that have an inherent right to govern their traditional territories. Consequently, we are committed to establishing MPAs that do not infringe on aboriginal rights and title.
