2. 1969
The Government 1973
of Canada
releases The
White
The Calder
decision is
In response to
the Calder
The Union of
Nova Scotia 1976
Paper, which released by the decision, the Indians submits
urges the Supreme Court Government of its claim to the March: The December: The
complete of Canada and Canada releases Province of Nova Union of Nova Mi’kmaq Santé
assimilation of all affirms that the two new claims Scotia asserting Scotia Indians Mawiomi (Grand
Aboriginal First Nations and policies: one the Nation’s submits a revised Council) and the
people and the other Aboriginal dealing with hunting and claim asserting Union of Nova
restructuring and people have Comprehensive fishing rights in the hunting and Scotia Indians
dismantling of all legitimate Claims the province. The fishing rights of submit a
treaties in claims, including (Aboriginal Title) claim is rejected. the Mi’kmaq comprehensive
Canada. The claims to what is and one dealing Nation in Nova land claim to
Paper enrages now known as with Specific Scotia to the Canada
Aboriginal Aboriginal title. Claims (the Premier of Nova respecting
people across the The Court has claims of Bands Scotia. The claim aboriginal title in
country and harsh words for regarding the is rejected. Nova Scotia. The
radicalizes many. the Crown in its government’s claim is rejected
The vehement previous handling the on the basis that
opposition to the handling of the Crown’s it was
policy assures it claims of First management of “superseded by
is never Nations their reserves law”.
implemented regarding and other assets.)
Aboriginal title
and specific
matters dealing
with the reserves
and assets of
Bands.

3. Kwilmu’kw Maw-klusuaqn
Chronology of Events – Recent History
1982
The Canadian
constitution is 1985
repatriated and
comes in to full The Union of
force and effect Nova Scotia 1989
April 1, 1982. The Indians and the
Constitution Native Council of The Report of the
Act, 1982, section Nova Scotia
support James
Royal Commission 1990
35(1) recognizes on the Donald
and affirms the Simon, of Indian Marshall Jr. The Supreme Court of The Nova Scotia Court
existing (as of 1 Brook, in a Prosecution is Canada’s Sparrow of Appeal, in the case of
April 1982) hunting case in released. The decision affirms the Denny, Paul and
Aboriginal and which Simon Commissioner Aboriginal right to a Sylliboy, holds the
Treaty rights of asserted a treaty recommends food, social and Mi'kmaq of Nova Scotia
Indians, Inuit, and right defense. The establishing a ceremonial harvesting have an Aboriginal right
Métis. Supreme Court of tripartite forum regime. The decision to fish for
Canada, in R. v. bringing together makes it clear that food, protected by
Simon, affirms Mi’kmaq leaders governments must s.35(1).
that the 1752 and the federal and consult with First
Treaty between provincial Nations, Inuit, and
the Crown and governments. A Métis if legislation or
Jean Baptiste tripartite main other government
Cope continues in table is measures will infringe
full force and recommended to upon or limit an
effect. deal with rights Aboriginal Right. The
Therefore, Mr. based issues such Court urges the
Simon has a as Land, Self government to
Treaty right to a government, Abori negotiate, rather than
food, social and ginal & Treaty litigate Aboriginal
ceremonial Rights, Aboriginal claims.
harvest. Title.

4. Kwilmu’kw Maw-klusuaqn
Chronology of Events – Recent History
1991
July: The Union of Nova
Scotia unanimously 1997
passes a resolution
mandating community June: The National July: The Nova Scotia December: The Supreme
consultations to fully Energy Board begins a Mi’kmaq Chiefs, the Court of Canada’s
inform all Mi’kmaq in review of the Sable Minister of Indian Delgamuukw decision
Nova Scotia about the Offshore Energy Affairs, and the Nova affirms that Aboriginal
Aboriginal title, rights Project and the Scotia Aboriginal Affairs title exists in
and treaty rights of the Maritimes and Minister sign the Canada, and provides
Nation and establishing Northeast Pipeline Tripartite Forum guidance on
the “Technical Team” to (MNEP). Discussions Memorandum of extinguishment of title
advise the Nation on the between the Understanding. The and how a First Nation
drafting and presenting a companies and the Forum's mandate is to may prove its Aboriginal
Land Claim to the Nova Scotia Chiefs on discuss, investigate and title. The Supreme Court
Government of Canada. behalf of the Mi’kmaq negotiate measures again urges that
Nation begin. The assisting resolution of governments and First
government is matters of concern Nations negotiate rather
pressured to deal with between the Parties. than litigate Aboriginal
Mi’kmaq Aboriginal Tripartite committees are title, rights and treaty
title to Nova Scotia. established to discuss rights. If the Court’s
issues around comments on
Justice, Social, Education extinguishment are
, Health, Cultural & applied to Nova
Heritage, Sports & Scotia, the
Recreation, and extinguishment
Economic Development requirements have not
been met.

5. Kwilmu’kw Maw-klusuaqn
Chronology of Events – Recent History
1998
September: In a
meeting as part of
October: The
Minister of Indian
December: The Nova
Scotia Chiefs forward 1999
the on-going Affairs announces a draft Framework
negotiations with on Treaty Day that Agreement to September: The November: The
Sable and Canada is Canada and Nova Supreme Court of Supreme Court of
Maritimes and committed to the Scotia outlining a Canada’s Marshall Canada releases the
Northeast, the Nova “Made-in-Nova possible negotiation (No.1) decision affirms Marshall (No. 2)
Scotia Chiefs, the Scotia Process.” process. The that the Treaties of decision which explains
Nova Scotia Exploratory Assembly suggests 1760 and 1761 remain in a more detailed way
Aboriginal Affairs discussions begin that a pre- valid and provide that the nature of the rights
Minister, and the between Framework Mi’kmaq and Maliseet held to exist in Marshall
INAC Assistant Canada, Nova Agreement be have a right to (No.1).
Deputy Minister, on Scotia and the ratified to set out the commercially harvest
behalf of the Assembly of Nova process and to – the right to
Mi’kmaq Nation in Scotia Mi’kmaq protect the Mi'kmaq hunt, fish and gather
Nova Scotia, Nova Chiefs. from any confusion for a moderate
Scotia, and about what livelihood. As an
Canada, agree to constitutes existing treaty
pursue a “Made-in- “consultation”. This right, the commercial
Nova Scotia pre-Framework harvesting right
Process” to deal Agreement or affirmed in Marshall is
with outstanding “Umbrella protected under
treaty, title and Agreement” is s.35(1).The Court
aboriginal rights proposed to include again repeats its
questions in Nova the Tripartite Forum urgings for
Scotia. It was and a proposed governments and First
agreed that the Consultation Nations to negotiate
process would be Process. Exploratory acceptable solutions to
outside of the talks proceed. and a detailed
Federal implementation of the
Comprehensive constitutional rights.
Claims Policy.

6. Kwilmu’kw Maw-klusuaqn
Chronology of Events – Recent History
2000
January: In the
aftermath of 2001
Marshall, explorato
ry talks continue January: The
regarding a long- Nova Scotia 2002
term rights-based Chiefs, the Nova
process. Separate Scotia Aboriginal June: Following extensive discussions, the thirteen Bands in Nova Scotia
negotiations and Affairs each pass BCRs authorizing their respective Chiefs to sign the Umbrella
federal negotiators Minister, and the Agreement, and the document is signed by the Chiefs of Nova
are established by Indian Affairs Scotia, Canada and Nova Scotia in a ceremony at Province House.
the Indian Affairs Minister meet in
and by the Fisheries Truro and agree to
negotiate an The Umbrella Agreement is a political commitment to enter into a mutually
and Oceans. Each agreeable to negotiation process, and to develop Terms of Reference for a
Department Umbrella
Agreement to proper Consultation Process. It is completely “without prejudice,” meaning
formulates its own it cannot later be held against the Mi’kmaq Nation in Nova Scotia. It is
“Marshall begin the long-
term rights-based intended to protect the Mi'kmaq Nation in Nova Scotia while talks with the
Response”. Neither governments of Nova Scotia and Canada continue. Canada, Nova Scotia
Indian Affairs or process.
and the Mi'kmaq Nation in Nova Scotia commit to negotiate the
Fisheries admits to recognition, definition and implementation of Mi’kmaq Aboriginal
a responsibility to title, rights, and treaty rights in good faith.
deal with the
Nation’s moderate
livelihood treaty In the Umbrella Agreement, “The Parties agree that the negotiation process
fishery rights. There and approaches adopted will be governed by the Framework Agreement.
is much confusion For greater certainty, the Parties agree that they will take into account the
on the part of the unique circumstances of the Nova Scotia Mi'kmaq when developing their
federal government mandates and that their positions may differ from Canada's
on how to address Comprehensive Land Claims Policy.”
the rights of the
Mi’kmaq and
Maliseet Nations.

7. Kwilmu’kw Maw-klusuaqn
Chronology of Events – Recent History
2003
November: All three
parties appoint
The negotiators for
the 2004
negotiators with the Mi’kmaq, Canada, a
authority to negotiate nd Nova Scotia meet The “Made-in-Nova Scotia April: At a media briefing held
a Framework to scope out the Process” becomes the regarding discussions about
Agreement which will negotiation process Kwilmu’kw Maw-klusuaqn developing a Framework Agreement
set out how the and start discussions (Searching for Consensus). for the negotiations process, then
parties will negotiate on the development Staff are hired for the Senior Negotiator for the Mi’kmaq
a new and lasting of a Framework Kwilmu’kw Maw-klusquan Nation in Nova Scotia states
framework protecting Agreement. Negotiating Office (KMKNO) “Canada and Nova Scotia have
and affirming the to support the Negotiating agreed with us that our negotiations
Aboriginal Team. The main emphases so far and all of our future
title, rights, and are research to ensure that negotiations up to the point if and
treaty rights of the Mi'kmaq are prepared for when we have a final agreement or
Mi’kmaq Nation in negotiations, and another interim agreement intended
Nova Scotia. It is a communications and to have legal affect will not alter or
blueprint setting out community discussions to affect or prejudice Mi’kmaq
the process to be used ensure that all Mi'kmaq in Aboriginal and Treaty rights. The
in the upcoming Nova Scotia are aware of Provincial Negotiator says “I think
discussions. what is happening and are from Nova Scotia’s point of view
given an opportunity to there’s no intent whatsoever of
contribute to the negotiations touching or renegotiating the
and raise issues of existing sacred treaties.” The Federal
importance to the Mi’kmaq of Negotiator affirms “There is no
Nova Scotia. model or a generic approach to
follow on how to proceed in these
negotiations. So the Mi’kmaq of
Nova Scotia, the province and the
federal government have agreed to a
made in Nova Scotia process to
address the Aboriginal, outstanding
Aboriginal and Treaty rights.”

8. Kwilmu’kw Maw-klusuaqn
Chronology of Events – Recent History
2004
The Haida Nation and
Taku River decisions are
released by the Supreme
2005
Court of Canada. The
decisions mandate that
where the Crown –
In the Mikisew Cree
decision, the Supreme
Court of Canada stated
2006
federal or provincial – is that even where June: The Terms of October: The 13 Nova
aware that a First Nation Aboriginal title or rights Reference for a Mi’kmaq- Scotia Mi’kmaq Chiefs, who
have asserted Aboriginal have been “resolved” in a Nova Scotia-Canada had been meeting on a
or treaty rights or Land Claim Agreement or Consultation Process are regular basis to discuss
Aboriginal title but those modern treaty, there may approved at the main issues of rights and title of
rights and title are still remain a duty to Mi’kmaq Nation-Canada- the Mi’kmaq Nation in
“unresolved”, the Crown consult with, and where Nova Scotia Negotiation Nova Scotia, establish the
must consult with, and appropriate, accommodat Table. Assembly of Nova Scotia
where e the interests of a First Mi’kmaq Chiefs to, among
appropriate, accommodat Nation. other things, provide
e the rights of the First direction to the Nation’s
Nation where a negotiators, to deliberate
government policy or and pass resolutions
decision may affect the respecting the Nation’s
rights or title of the First rights and title, and to
Nation asserting those provide directions and
rights and title. instructions to the
KMKNO.

9. Kwilmu’kw Maw-klusuaqn
Chronology of Events – Recent History
2007
June: The Interim Consultation
February: The Mi’kmaq-Canada-Nova
Scotia Framework Agreement setting out Terms of Reference, approved in
June 2006, are implemented on a
2008
the areas for negotiation, the approval
trial basis. The Consultation The Nationhood Proclamation, in
process, and the schedule for Terms of Reference provide a
negotiations is signed in Membertou. The English and Mi’kmaq, signed by all
mechanism through which the 13 Nova Scotia Chiefs is proclaimed
Mi’kmaq Nation in Nova Scotia approach federal and provincial on Treaty Day by the Grand Chief.
to the negotiations is based on 5 pillars: governments will consult with the The Proclamation states the Chiefs
Mi’kmaq Nation in Nova Scotia assert the Nationhood of the
1. To achieve when government Mi’kmaq over “our traditional lands
recognition, acceptance, implementati decisions, policies, etc. may affect and waters”.
on and protection of Treaty, Title and the rights and title of the Nation in
other Rights of the Mi’kmaq of Nova Nova Scotia.
Scotia;
2. To develop systems of Mi’kmaq
management and resource
management;
3. To revive, promote and protect a
healthy Mi’kmaq identity;
4. To obtain the basis for a shared
economy and social development; and
5. To negotiate toward these goals with
community involvement and support.
The five pillars were developed by a
group of leaders and Elders, including
Grand Council members, at a conference
held on the Eskasoni First Nation.

10. Kwilmu’kw Maw-klusuaqn
Chronology of Events – Recent History
2010
August: The
Consultation Terms 2011
of Reference are
signed. After a three December: The
year trial run, the Chiefs of the Bands 2011-2012
federal and of the Mi’kmaq
provincial Nation in Nova
governments agree Scotia file suit in
The Harper government introduces
and passes two omnibus bills, C-38 2013
that the the Federal Court
and C-45. These two bills, both of
Consultation Terms against the February: The Chiefs of the
government of which became law, among other
of Reference are an Bands of the Mi’kmaq Nation in
appropriate and Canada relating to things, making sweeping changes to
Canada’s environmental protection Nova Scotia file suit in the Nova
effective means of the Nation’s FSC
harvesting rights. legislation and insert a definition of Scotia Supreme Court against
fulfilling their
“aboriginal fisheries” into the the government of Canada
constitutionally
mandated duty to Fisheries Act. These changes are seeking a declaration that
consult with the protested by the Mi’kmaq Nation in Canada has failed to meet its
Mi’kmaq Nation in Nova Scotia and the Co-chair of the obligations from the 1999
Nova Scotia. ANSMC, Chief Terrance Marshall case to ensure the
Paul, appears before a Senate opportunity of Mi’kmaq to
Committee studying the bill to engage in a moderate livelihood
explain to the Senators why the fishery and that the definition of
“aboriginal fisheries” definition is Aboriginal fisheries in Bill C-45
unconstitutional as the government is unconstitutional as it does not
failed to consult the Nation about its recognize the Nation’s treaty
rights, that the definition does not harvesting rights.
address the Mi’kmaq Nation’s treaty
harvesting rights, and other
concerns.