The Sámi are a Finno-Ugric-speaking people inhabiting the region of Sápmi, which today encompasses large northern parts of Norway, Sweden, Finland, and of the Murmansk Oblast, Russia, most of the Kola Peninsula in particular. The Sámi have historically been known in English as Lapps or Laplanders, but these terms are regarded as offensive by the Sámi, who prefer the area's name in their own languages, e.g. Northern Sámi Sápmi. Their traditional languages are the Sámi languages, which are classified as a branch of the Uralic language family.
The freedom to roam, or "everyman's right", is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness or the "right to roam".
Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as "domestic dependent nations" and uses its own legal system to define the relationship between the federal, state, and tribal governments.
United States v. Washington, 384 F. Supp. 312, aff'd, 520 F.2d 676, commonly known as the Boldt Decision, was a legal case in 1974 heard in the U.S. District Court for the Western District of Washington and the U.S. Court of Appeals for the Ninth Circuit. The case re-affirmed the rights of American Indian tribes in the state of Washington to co-manage and continue to harvest salmon and other fish under the terms of various treaties with the U.S. government. The tribes ceded their land to the United States but reserved the right to fish as they always had. This included their traditional locations off the designated reservations.
R v Sparrow, [1990] 1 S.C.R. 1075 was an important decision of the Supreme Court of Canada concerning the application of Aboriginal rights under section 35(1) of the Constitution Act, 1982. The Court held that Aboriginal rights, such as fishing, that were in existence in 1982 are protected under the Constitution of Canada cannot be infringed without justification on account of the government's fiduciary duty to the Aboriginal peoples of Canada.
Section 35 of the Constitution Act, 1982 provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land and the right to enforcement of treaties. There remains a debate over whether the right to indigenous self-government is included within section 35. As of 2006 the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35.
R v Van der Peet, [1996] 2 S.C.R. 507 is a leading case on Aboriginal rights under section 35 of the Constitution Act, 1982. The Supreme Court held that Aboriginal fishing rights did not extend to commercial selling of fish. From this case came the Van der Peet test for determining if an Aboriginal right exists. This is the first of three cases known as the Van der Peet trilogy which included R v NTC Smokehouse Ltd and R v Gladstone.
The Burnt Church Crisis was a conflict in Canada between the Mi'kmaq people of the Burnt Church First Nations (Esgenoôpetitj) and non-Aboriginal fisheries in New Brunswick and Nova Scotia between 1999 and 2002.
Individual fishing quotas (IFQs), also known as "individual transferable quotas" (ITQs), are one kind of catch share, a means by which many governments regulate fishing. The regulator sets a species-specific total allowable catch (TAC), typically by weight and for a given time period. A dedicated portion of the TAC, called quota shares, is then allocated to individuals. Quotas can typically be bought, sold and leased, a feature called transferability. As of 2008, 148 major fisheries around the world had adopted some variant of this approach, along with approximately 100 smaller fisheries in individual countries. Approximately 10% of the marine harvest was managed by ITQs as of 2008. The first countries to adopt individual fishing quotas were the Netherlands, Iceland and Canada in the late 1970s, and the most recent is the United States Scallop General Category IFQ Program in 2010. The first country to adopt individual transferable quotas as a national policy was New Zealand in 1986.
St. Marys Bay south western Nova Scotia, Canada, is surrounded by the modern municipal districts of Clare Municipal District and Digby.
A fish wheel, also known as a salmon wheel, is a device situated in rivers to catch fish which looks and operates like a watermill. However, in addition to paddles, a fish wheel is outfitted with wire baskets designed to catch and carry fish from the water and into a nearby holding tank. The current of the river presses against the submerged paddles and rotates the wheel, passing the baskets through the water where they intercept fish that are swimming or drifting. Naturally a strong current is most effective in spinning the wheel, so fish wheels are typically situated in shallow rivers with brisk currents, close to rapids, or waterfalls. The baskets are built at an outward-facing slant with an open end so the fish slide out of the opening and into the holding tank where they await collection. Yield is increased if fish swimming upstream are channeled toward the wheel by weirs.
R v Marshall [1999] 3 S.C.R. 456 and R v Marshall [1999] 3 S.C.R. 533 are two decisions given by the Supreme Court of Canada on a single case regarding a treaty right to fish.
In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization.
Indigenous rights are those rights that exist in recognition of the specific condition of the Indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land, language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people. This can be used as an expression for advocacy of social organizations, or form a part of the national law in establishing the relation between a government and the right of self-determination among its Indigenous people, or in international law as a protection against violation of Indigenous rights by actions of governments or groups of private interests.
United States v. Winans, 198 U.S. 371 (1905), was a U.S. Supreme Court case that held that the Treaty with the Yakima of 1855, negotiated and signed at the Walla Walla Council of 1855, as well as treaties similar to it, protected the Indians' rights to fishing, hunting and other privileges.
Native American civil rights are the civil rights of Native Americans in the United States. Native Americans are citizens of their respective Native nations as well as the United States, and those nations are characterized under United States law as "domestic dependent nations", a special relationship that creates a tension between rights retained via tribal sovereignty and rights that individual Natives have as U.S. citizens. This status creates tension today, but was far more extreme before Native people were uniformly granted U.S. citizenship in 1924. Assorted laws and policies of the United States government, some tracing to the pre-Revolutionary colonial period, denied basic human rights—particularly in the areas of cultural expression and travel—to indigenous people.
Pan-Indianism is a philosophical and political approach promoting unity, and to some extent cultural homogenization, among different Native American, First Nations, Inuit and Métis (FNIM) groups in the Americas regardless of tribal distinctions and cultural differences.
Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia [2013] HCA 33; 250 CLR 209 is a landmark Australian judgment of the High Court. The matter related to Native title rights, their extension to other persons and their extinguishment by Statute.
The Peace and Friendship Treaties were a series of written documents that Britain signed between 1725 and 1779 with various Mi’kmaq, Wolastoqiyik (Maliseet), Abenaki, Penobscot, and Passamaquoddy peoples living in parts of what are now the Maritimes and Gaspé region in Canada and the northeastern United States. Primarily negotiated to reaffirm the peace after periods of war and to facilitate trade, these treaties remain in effect to this day.
The 2020 Mi'kmaq lobster dispute is an ongoing lobster fishing dispute between Sipekne'katik First Nation members of the Mi'kmaq and non-Indigenous lobster fishers mainly in Digby County and Yarmouth County, Nova Scotia. The dispute relates to interpretations of R v Marshall, a 1999 Supreme Court of Canada ruling upholding the Halifax Treaties, empowering Indigenous Canadians the right to fish. Non-Indigenous fishers negatively reacted to off-season fishing activities of a self-regulated Indigenous lobster fishery, mainly citing concerns of potential overfishing.
