Since the recognition of Aboriginal and Treaty rights by the courts, there have been an increasing number of individuals who now claim Aboriginal identity. In Nova Scotia, as Citizenship Coordinator for Kwilmu’kw Maw-klusuaqn Negotiation Office (KMKNO), I have heard from our Elders that this is a fairly new trend. Many of our Elders recall a time when people were ashamed of their Aboriginal identity and often hid it. As times have changed, Aboriginal identity seems to be celebrated and even sought out by many. This has led to perplexing questions, with which the courts often have to deal, regarding whether one is an Aboriginal person and whether they are then able to exercise the rights to go hunting, fishing, and so on.

At KMKNO, we are in the process of getting feedback from Nova Scotia Mi’kmaq on what is important to preserve about being Mi’kmaq. During conversations, I’m often asked “hasn’t the court already dealt with this matter?” My answer is “not really” and I go on to explain what the courts have stated while being mindful that Mi’kmaq have never relinquished our right to determine who is a citizen of our Nation. Only Mi’kmaq, have jurisdiction to decide who is a Mi’kmaw. In this article I hope to clarify what guidance the courts and laws have offered in deciding who is a Mi’kmaw.

It is important to note that the term “Aboriginal” in the Constitution of Canada includes Inuit, Métis, and Indians. The term Aboriginal is u ...