John Cummins, M.P. Delta-South Richmond

News Release

FOR IMMEDIATE RELEASE
April 27, 2001

Treaties Never Existed

OTTAWA - "Treaties with natives in key fishing areas of the Maritimes don't exist," said John Cummins, M.P. (Delta-South Richmond). "None were ever signed."

The Library of Parliament's Law and Government Division reveals, in a just released special report, that it is unable to locate any treaties entered into by natives in Prince Edward Island, southern Nova Scotia between Cape Sable and Annapolis Royal, or in the Gaspé. The report identified the ten Peace and Friendship treaties signed in 1760-61:

• Treaty with the St. John and Passamaquoddy Tribes (February 23, 1760).
• Treaty with the Richebucto Tribe (March 10, 1760)
• Treaty with the LaHave Tribe (March 10, 1760)
• Treaty with the Chibennacadie and Muscadoboit Tribes (March 10, 1760)
• Treaty with the Jedaick Tribe (June 25, 1761)
• Treaty with the Pogmouch Tribe (June 25, 1761)
• Treaty with the Mermichi Tribe (June 25, 1761)
• Treaty with the Mesiquash Indians (July 8, 1761)
• Treaty with the Pictouk and Malegomich Tribes (October 12, 1761)
• Treaty with the LaHave Tribe, concluded at Halifax (November 9, 1761)

The status of the 1761 Miramichi Peace and Friendship Treaty is in doubt as a result of Miramichi natives joining in the American Revolution.

Many of these treaties are Anot recognized [by the Government of Canada] as treaties that qualify for protection under s. 35 of the Constitution, according to the report..

Treaty rights exist only if there is a treaty that clearly identifies a special right not available to the general public or if the Supreme Court of Canada has found that a treaty provides such a special right. In the absence of treaty there can be no special treaty right.

"Treaties don't exist for Prince Edward Island, southern Nova Scotia, and the Gaspé," said Cummins. "It is now clear why the Minister of Fisheries and Oceans refuses to provide the Fisheries Committee with the treaties that he claims to be relying on."

"Fishermen deserve to know the real reason they are being pushed out of the fishery and why their licences, boats, gear and jobs are being given to others."

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For more information, please contact:

John Cummins, M.P.
(613) 992-2957
(604) 970-0937 (Cell)