Subsection 351 of the Canadian Constitution Act 1982 states: \”existing Aboriginal and treaty rights of the Aboriginal Peoples of Canada are hereby recognized and affirmed.\” A Canadian government website says: \”Under the Peace and Friendship Treaties of 1760 and 1761 in the Maritimes, the Mi’kmaq and the Maliseet signatories did not surrender rights to lands or resources.\” Among others, a 1999 Supreme Court of Canada ruling which found that a Mikmaq man, Donald Marshall, Jr., had the legal right to fish for eels out of season reaffirmed that the Peace and Friendship Treaties signed in 1760 and 1761 did not entail a transfer of land from the First Nations people to the Crown. So, the treaties do not entail any ceding of land to the European settlers, and Canada has pledged to honour those treaties.
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