On September 17, 1999, the Supreme Court of Canada in the Marshall decision found that the Peace and Friendship Treaties of 1760-61 affirmed the right of certain Aboriginal groups to provide for their own sustenance by taking the products of their hunting, fishing and gathering activities, and trading them in the pursuit of a "moderate livelihood". On February 9, 2001, Minister Nault and Minister Dhaliwal jointly announced the launch of the Government of Canada's long-term strategy to address the Marshall decision. The objective of the process led by Indian and Northern Affairs Canada (INAC) is to find long-term solutions to issues of Aboriginal and treaty rights.

Environment Canada's specific role in this long-term strategy is to support the Maritime Mi'kmaq and Wolastoqiyik First Nation communities, in building capacity for their participation in the conservation and management of migratory birds and to establish cooperative management structures for migratory birds.

To date, Canadian Wildlife Service worked with 9 First Nations communities and organizations: Elsipogtog (Big Cove); Eel River Bar; Fort Folly; Tobique; Union of New Brunswick Indians; Unama'ki Institute of Natural Resources; Eskasoni Fish and Wildlife Commission; Confederacy of Mainland Mi'kmaq; and the Mi'kmaq Confederacy of Prince Edward Island. The following is a brief summary of projects funded to date:

Wildlife Rangers and coordinator (Elsipogtog First Nation)

• Development of conservation education on reserve
• Support to Elsipogtog in development of conservation and environmental related projects
• Wildlife Rangers provided technical support to spring or fall migration at Amherst Point Migratory Bird Sanctuary in NS and in the monitoring of piping plovers in NB.

Wildlife Ranger banding birds in Amherst Point Migratory Bird Sanctuary. Photo Credit: Nev Garrity (CWS/EC)

Wildlife ranger untaggling chickadee from misnet. Photo Credit: Nev Garrity (CWS/EC)

Wildlife Ranger identifying bird and taking measurements. Photo Credit: Nev Garrity (CWS/EC)

Training for federal lands inventory (Fort Folly First Nation and Confederacy of Mainland Mi'kmaq)

• Collaboration with and technical support provided to Atlantic Canada-Conservation Data Centre
• Capacity development to conduct species at risk inventories on federal lands
• Traditional and technical knowledge of species at risk found on First Nation lands

Aboriginal Traditional Knowledge studies (Tobique First Nation, Unamaki Institute of Natural Resources, Mi'kmaq Confederacy of PEI)

• Evaluation of extent and value of Mi'kmaq and Maliseet traditional ecological knowledge for species at risk, migratory birds, conservation and management practices.
• Information on historical numbers, movement of geese and other waterfowl on PEI.
• Information on species at risk and other important species for Maliseet people.

Contaminants of migratory game birds (Union of N.B. Indians)

• Information on current use and harvest of waterfowl by NB First Nations.
• Information on contaminants levels in sea ducks and their food source

Aboriginal harvest management (Unamaki Institute of Natural Resources, Mi'kmaq Confederacy of PEI, Confederacy of Mainland Mi'kmaq)

• Establishing an Aboriginal Harvesters Survey so that information regarding the level of harvest of waterfowl by Aboriginal people can be understood.
• Providing a process for Aboriginal involvement to Atlantic Migratory Game Bird Technical Committee, a federal/provincial committee.