A New Brunswick court has recognized a Mi’kmaw right to representation by an elder or delegate in certain criminal proceedings, relying on oral history to establish the practice as an Aboriginal right protected under the Constitution.
The decision relied on oral history from Mi’kmaw witnesses
Sis’moqon · CBC News
· Posted: Oct 01, 2026 4:24 PM EDT | Last Updated: 2 hours ago
Listen to this article
Estimated 5 minutes
The audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results.
Christopher Labillois, a Mi’kmaw fisherman who lives in Eel River Bar, on the southern shore of the Bay of Chaleur in northern New Brunswick, is charged with fishing lobster without a licence. (Mike Heenan/CBC)
A New Brunswick judge has recognized a Mi’kmaw right to be represented by an elder or traditional delegate rather than a lawyer in a decision that relied heavily on Mi’kmaw oral history.
The ruling comes from the case of Christopher Labillois, a Mi’kmaw fisherman from Ugpi’ganjig First Nation in northern New Brunswick, who is charged with fishing lobster without a licence.
According to the decision, Labillois sought representation from an elder after he was unable to find a lawyer who could successfully argue his case through an Aboriginal- and treaty-rights lens.
According to Section 802.1 of the Criminal Code,
This story was brought to Nouzie by RSS. The original post can be found on https://www.cbc.ca/news/indigenous/mi-kmaw-has-right-to-representation-by-elder-in-court-9.7365718?cmp=rss
