Gabriel Sylliboy
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Gabriel Sylliboy (18 August 1874 – March 4, 1964) was the first
Mi'kmaq The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Mi'kmaw'' or ''Mi'gmaw''; ; , and formerly Micmac) are an Indigenous group of people of the Northeastern Woodlands, native to the areas of Canada's Atlantic Provinces, primarily Nova Scotia, New Bru ...
elected as Grand Chief (1919) and the first to fight for the recognition by the state of
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
of the
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
between the government and the
First Nations First nations are indigenous settlers or bands. First Nations, first nations, or first peoples may also refer to: Indigenous groups *List of Indigenous peoples *First Nations in Canada, Indigenous peoples of Canada who are neither Inuit nor Mé ...
people.


Early life

Sylliboy was born at the Whycocomagh
reserve Reserve or reserves may refer to: Places * Reserve, Kansas, a US city * Reserve, Louisiana, a census-designated place in St. John the Baptist Parish * Reserve, Montana, a census-designated place in Sheridan County * Reserve, New Mexico, a US v ...
on
Cape Breton Cape Breton Island (, formerly '; or '; ) is a rugged and irregularly shaped island on the Atlantic coast of North America and part of the province of Nova Scotia, Canada. The island accounts for 18.7% of Nova Scotia's total area. Although ...
, Canada, on 8 August 1874. His parents were John Sylliboy and Mary, née Barrington.


Activism

Before 1918, Gabriel was already a renowned Mi'kmaw religious leader at the Whycocomagh Reserve and Grand Captain of Mi'kmawey Mawio'mi or the Mi'kmaq Grand Council. After Chief John Denny Jr. in 1918, Sylliboy became the first elected Grand Chief. Ten years later, in 1929, Sylliboy after being found carrying
muskrat The muskrat or common muskrat (''Ondatra zibethicus'') is a medium-sized semiaquatic rodent native to North America and an introduced species in parts of Europe, Asia, and South America. The muskrat is found in wetlands over various climates ...
pelt A fur is a soft, thick growth of hair that covers the skin of almost all mammals. It consists of a combination of oily guard hair on top and thick underfur beneath. The guard hair keeps moisture from reaching the skin; the underfur acts as an ...
s, was arrested for hunting out of season and convicted. He invoked treaty rights1752 Peace and Friendship Treaty Between His Majesty the King and the Jean Baptiste Cope
Treaty Texts,
Department of Indian Affairs and Northern Development Department may refer to: * Departmentalization, division of a larger organization into parts with specific responsibility Government and military *Department (administrative division), a geographical and administrative division within a country, ...
, Government of Canada, 7 March 2016
dating to 1752 as his defense during the court case and subsequent appeal, both of which he lost.


Death

Sylliboy died on 4 March 1964, in Sydney, Cape Breton County.Births, Marriages, Deaths
in Historical Vital Statistics, Nova Scotia
During his life, he could not speak, read, or write
English English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish ter ...
. He insisted that his grandchildren be formally educated in English, while at the same time remain immersed in the Mi'kmaq culture and language.


Legacy

In 1986, the
Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...
overturned the decision in Mr. Sylliboy's case. In the case of ''Simon vs. The Queen'', the Court found that the appellant, James Simon of
Nova Scotia Nova Scotia is a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlan ...
, a registered Mi'kmaq, had the right to hunt for food. Simon had relied for his defense on the same Peace and Friendship Treaty as Sylliboy. Chief Justice
Brian Dickson Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge who served as the 15th chief justice of Canada from 1984 to 1990 and as a puisne justice of the Supreme Court of Canada from 1973 ...
wrote that "the language used n the Sylliboy casereflects the biases and prejudice of another era in anada'shistory. Such language is no longer acceptable." Fourteen years later, in 1999, the ''
R v Marshall ''R v Marshall (No 1)'' 9993 S.C.R. 456 and ''R v Marshall (No 2)'' 9993 S.C.R. 533 are two decisions given by the Supreme Court of Canada on a single case regarding a treaty right to fish. Decision No. 1 The Court held in the first decision t ...
'' ruling stated that the treaties from 1760 and 1761 show the Mi'kmaq can earn a living from
hunting Hunting is the Human activity, human practice of seeking, pursuing, capturing, and killing wildlife or feral animals. The most common reasons for humans to hunt are to obtain the animal's body for meat and useful animal products (fur/hide (sk ...
and
fishing Fishing is the activity of trying to catch fish. Fish are often caught as wildlife from the natural environment (Freshwater ecosystem, freshwater or Marine ecosystem, marine), but may also be caught from Fish stocking, stocked Body of water, ...
as their ancestors did when they traded with the
Europeans Europeans are the focus of European ethnology, the field of anthropology related to the various ethnic groups that reside in the states of Europe. Groups may be defined by common ancestry, language, faith, historical continuity, etc. There are ...
.Script
for the documentary ''Glooscap Returns: The Re-birth of A Nation'' by
CBC Radio One CBC Radio One is the English-language news and information radio network of the publicly owned Canadian Broadcasting Corporation. It is commercial-free and offers local and national programming. It is available on AM and FM to 98 percent o ...
's Kelly Ryan, broadcast on ''
The World This Weekend ''The World at One'' (or ''WATO'', pronounced "what-oh") is BBC Radio 4's long-running lunchtime news and current affairs radio programme, broadcast weekdays from 13:00 to 13:45 and produced by BBC News. The programme describes itself as "Bri ...
'' on 26 December 1999 and ''
The World at Six ''Your World Tonight'', formerly known as ''The World at Six'', is the Canadian Broadcasting Corporation's flagship dinner-hour radio news program, airing Monday to Friday from 6 to 6:28 p.m. local time on CBC Radio One except in Newfoundland ...
'', 3 January 2000
It was a case brought on by Donald Marshall Jr., wrongfully convicted of murder in the early 1970s and himself the son of a Mi’kmaq grand chief. In February 2017, the
Lieutenant Governor of Nova Scotia The lieutenant governor of Nova Scotia () is the representative in Nova Scotia of the monarch, who Monarchy in Nova Scotia, operates distinctly within the province but is also shared equally with the Canadian federalism, ten other jurisdictions of ...
, J.J. Grant, granted a posthumous
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
to Gabriel Sylliboy, declaring that this "helps acknowledge the struggles of the past and honour those who sought to exercise their rights." He added that it "is a process of treaty education that includes understanding and valuing what the Mi’kmaq have contributed in shaping this province and nation." On 16 February 2017, the Office of the
Premier of Nova Scotia The premier of Nova Scotia is the first minister to the lieutenant governor of the Canadian province of Nova Scotia and presides over the Executive Council of Nova Scotia. Following the Westminster system, the premier is normally the leader of t ...
issued an official apology and pardon statement:
We recognize that the treatment of the grand chief was unjust. The province apologizes to the family of Grand Chief Sylliboy and the Mi'kmaw community for this injustice. An important step on our path toward reconciliation is recognizing the mistakes of the past so we can build a better future for all Nova Scotians.Pardon, Apology, for Late Grand Chief Gabriel Sylliboy
by the Office of the Premier of Nova Scotia, 16 February 2017
Grand Chief Ben Sylliboy of the Mi’kmaq Grand Council stated that the fact that the "Mi’kmaq eopletoday celebrate their aboriginal and treaty rights is due to people like the heroic late grand chief."Overdue pardon: Let’s celebrate Gabriel Sylliboy
, editorial, ''
The Chronicle Herald ''The Chronicle Herald'' is a broadsheet newspaper published in Halifax, Nova Scotia, owned by Postmedia Network. History Early years Founded in 1874 as ''The Morning Herald'', the paper quickly became one of Halifax's main newspapers. The same ...
'', 18 February 2017


See also

* Treaty Day *
History of Nova Scotia The history of Nova Scotia covers a period from thousands of years ago to the present day. Prior to European colonization, the lands encompassing present-day Nova Scotia (also historically referred to as Mi'kma'ki and Acadia) were inhabited by ...
* List of grand chiefs (Mi'kmaq)


References


Further reading

* Wicken, William C. ''The Colonization of Mi'kmaw Memory and History, 1794-1928: The King V. Gabriel Sylliboy'',
University of Toronto The University of Toronto (UToronto or U of T) is a public university, public research university whose main campus is located on the grounds that surround Queen's Park (Toronto), Queen's Park in Toronto, Ontario, Canada. It was founded by ...
Press, 1st edition: 15 June 15, 2012,


External links


Account of the first election for the office of Grand Chief held at Chapel Island in 1918
, ''Cape Breton Magazine'' {{DEFAULTSORT:Sylliboy, Gabriel 1874 births 1964 deaths 19th-century First Nations people 20th-century First Nations people Canadian activists Indigenous leaders in Atlantic Canada Canadian Mi'kmaq people People from Inverness County, Nova Scotia People who have received posthumous pardons