MILLBROOK FIRST NATION – Over 45 members of the Micmac Rights Association (MRA) gathered for the fourth biannual meeting of the group on Saturday March 9th from 10am to 4pm at the Hampton Inn in Millbrook First Nation. Members came from across Mi’kma’ki, including from Abegweit, Annapolis Valley, Acadia, Eskasoni, Pictou Landing, Sipekne’katik, and Wekope’kwitk First Nations.
The meeting heard legal updates from court cases which the Association is involved in supporting. Thomas Durfee and three other Mi’kmaw nationals are returning to the Dartmouth courthouse at 9am on Wednesday, March 13th to challenge the constitutionality of their bail conditions. Daniel Francis and Trent Francis will return to court to hear the verdict on the Actus Reus portion of their charge of Obstructing a Fisheries Officer on March 22nd, 2024. In both cases, Chief Del Riley is acting as the legal agent for the Mi’kmaw men and running the cases. Supporters are requested to attend the hearings.
A financial report was presented by MRA treasurers Jessica Haji Mohamad and Garrett Gloade. The Association currently has $8387 in its bank account and has not yet spent any of the money that it has received in membership dues and donations.
A motion was passed to create the position of MRA court reporter to start spending some of these funds. The motion read as follows: “The Court Reporter shall attend every court date of any MRA member who is facing a rights case. The court reporter shall be paid $200 per day plus their travel costs from the MRA funds to attend court, shall make complete notes of the trial, take a group picture of supporters, and write up complete report of what happened in court and share with the MRA group chat within 24 hours of the court date being done. The MRA executive shall be responsible for payment and supervision of the MRA court reporter.” The position is open to multiple people. Those interested may email micmacrights@gmail.com with a brief resume of their skills and will be contacted by the MRA Executive.
A discussion was held on the topic of Collective vs. Individual Communal Rights with Chief Del Riley offering his insights. Chief Riley spoke about Sections 25 and 35 of the Canadian constitution and stressed the importance and power of Mi’kmaw rights holders in organizing together and acting outside of the Indian Act system. A discussion was also held about the government’s attempt to eliminate Indian status through blood quantum measurements and on the rights of Mi’kmaw people to define their own rights as a nation.
A report back occurred about the MRA’s motion to ask the Mi’kmaq Grand Council to discuss the selection of a Mi’kmaq representative to the legislature. Keptin Keith Julien has brought the issue to the attention of the Grand Council and will follow up again at their next meeting.
MRA is an Indigenous Governing Body
After a lengthy discussion exploring various options, the members of the MRA made the decision to define the Micmac Rights Association as an “Indigenous Governing Body” for its membership. With over one hundred members, and over a thousand followers on various social media platforms, the MRA has rapidly become a powerful force advocating for Micmac rights.
The Government of Canada defines an Indigenous Governing Body as “a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.” The recognition of such Indigenous governing bodies is part of a shift in Canadian politics reflected in Canada’s adoption of United Nations Declaration on the Rights of Indigenous People, and in legal decisions such as the White and Montour Mohawk tobacco case and the Supreme Court’s recent ruling on the constitutionality of the First Nations Family Act.
In their ruling, Canada’s Supreme Court upheld the Act, and agreed that because of the “inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982,” Indigenous Governing Bodies have the Aboriginal and treaty right to enact their own laws regarding child and family services, and that these Indigenous laws and decisions prevail over Provincial and Federal laws “to the extent of the conflict or inconsistency” with them.
The motion passed unanimously by the MRA read “Be it resolved that we, the sovereign Mi’kmaw people gathered together at this duly convened biannual meeting of the Micmac Rights Association, do hereby authorize this association to act on behalf of us as an Indigenous group which holds rights recognized and affirmed by Section 25 and 35 of Canada’s Constitution Act, 1982 and recognize and affirm the Micmac Rights Association as an Indigenous governing body for its members.”
Following this decision, the MRA decided that it would as an Indigenous Governing Body create an Interim MRA Harvesting Arrangement for the American Eel and Elver Treaty fishery for its members. According to the motion passed, this arrangement, “will apply to MRA members and authorize and protect their constitutionally protected Aboriginal and treaty right to fish. This arrangement will be communicated to the DFO, and paperwork from the association will be provided for MRA members who wish to exercise their rights in this manner. The MRA Fishing Committee will be responsible for drafting the paperwork which will be shared in the MRA group chat and approved by the MRA executive committee.” MRA members may apply to join the MRA Interim Harvesting Agreement by filling out the following form.
The MRA also made a change to the date of its bi-annual meetings, the highest decision making session of the body. The group changed its constitution so that it will hold its biannual meetings on the second Saturday of the month of November and the first Saturday in March.
The MRA also added four new members to its executive: Roger Toney of Annapolis Valley First Nation, Robert Stephens of Millbrook First Nation, Shanika MacEachern of Annapolis Valley First Nation, Clinton Ray Howard of Glooscap First Nation. They join the other members of the MRA in carrying out the day to day responsibilities of the organization. The other members of the executive are Spokesperson and founder Chris Googoo of Millbrook, Treasurer Jessica Haji Mohamad and Garrett Gloade of Millbrook, Thomas Durfee of Millbrook, Cody Caplin of Eel River Bar, Matt Cope of Millbrook, William Paul of Membertou, Albert Marshall Jr. of Eskasoni, and Stephen Googoo of Whycocomagh.
The meeting concluded with a discussion led by members of the Annapolis Valley First Nation who have organized a protest of their neglect and abandonment by their Indian Act Band Council. The protest centered on housing demands, and resulted in the band council shutting down its offices for the last month, and six families facing homelessness taking over 6 unoccupied homes on the reserve. On Friday, March 8th Chief Riley spoke in Annapolis Valley First Nation in one of the houses. Close to half of the adult on-reserve population attended Chief Riley’s talk and a splendid time was had by all.
The meeting was adjourned at 4pm. The next biannual meeting of the MRA will take place on Saturday, November 9th at 10am.
To join the Micmac Rights Association, visit www.micmacrights.com/join. To view all Micmac Rights social media assets, visit https://linktr.ee/micmacrights.