Gabriel Sylliboy (18 August 1874 – March 4, 1964) was the first
Mi'kmaq
The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Miꞌkmaw'' or ''Miꞌgmaw''; ; ) are a First Nations people of the Northeastern Woodlands, indigenous to the areas of Canada's Atlantic Provinces and the Gaspé Peninsula of Quebec as well as the nor ...
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 ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tota ...
of the
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
between the government and the
First Nations
First Nations or first peoples may refer to:
* Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area.
Indigenous groups
*First Nations is commonly used to describe some Indigenous groups including:
** First Nat ...
people.
Early life
Sylliboy was born at the
Whycocomagh reserve on
Cape Breton
Cape Breton Island (french: link=no, île du Cap-Breton, formerly '; gd, Ceap Breatainn or '; mic, Unamaꞌki) is an island on the Atlantic coast of North America and part of the province of Nova Scotia, Canada.
The island accounts for 18 ...
, Canada, on 8 August 1874. His parents were John Sylliboy and Mary, née Barrington.
Activism
Before 1918, Gabriel was already a renowned Mi'kmaq 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.
John Baptist Denny, Jr. (c. 1851-1918) was the last hereditary grand chief of the Grand Council (Mi'kmaq), from 1881 to 1918.
Commemoration
On 28 January 2019, Temma Frecker, a Nova Scotia teacher at The Booker School, was awarded the Governor ...
in 1918, Sylliboy became the first elected Grand Chief.
Ten years later, in 1929, Sylliboy after being found carrying muskrat
The 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 a wide range of climates and habita ...
pelt
Fur is a thick growth of hair that covers the skin of 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 insulating blanke ...
s, was arrested for hunting out of season and convicted. He invoked treaty rights[1752 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.[9 decades after hunting conviction, Mi'kmaq leader gets posthumous pardon]
by Joan Weeks, CBC News
CBC News is a division of the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on the corporation's English-language operations, namely CBC Television, CBC Radio, CBC News Network, and CBC.c ...
, 16 February 2017
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:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national id ...
. 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; french: Cour suprême du Canada, CSC) 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 ...
overturned the decision in Mr. Sylliboy's case. In the case of ''Simon vs. The Queen
In the English-speaking world, The Queen most commonly refers to:
* Elizabeth II (1926–2022), Queen of the United Kingdom and other Commonwealth realms from 1952 until her death
The Queen may also refer to:
* Camilla, Queen Consort (born 1947), ...
'', the Court found that the appellant, James Simon of Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland".
Most of the population are native En ...
, 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. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Ju ...
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 ...
'' ruling stated that the treaties from 1760 and 1761 show the Mi'kmaq can earn a living from hunting
Hunting is the human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products ( fur/ hide, bone/ tusks, horn/ a ...
and fishing
Fishing is the activity of trying to catch fish. Fish are often caught as wildlife from the natural environment, but may also be caught from stocked bodies of water such as ponds, canals, park wetlands and reservoirs. Fishing techniques ...
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 genetic ancestry, common language, or both. Pan and Pfeil (20 ...
.[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 of ...
's Kelly Ryan, broadcast on ''The World This Weekend
''The World at One'', or ''WATO'' ("what-oh") for short, is BBC Radio 4's long-running lunchtime news and current affairs programme, produced by BBC News, which is currently broadcast from 13:00 to 13:45 from Monday to Friday. The programme de ...
'' on 26 December 1999 and ''The World at Six
''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 where it begins at 6:30. The program was l ...
'', 3 January 2000 It was a case brought on by Donald Marshall Jr.
Donald Marshall Jr. (13 September 1953 – 6 August 2009) was a Miꞌkmaq, Mi'kmaw man who was wrongful conviction, wrongly convicted of murder. The case inspired a number of questions about the fairness of the Canadian justice system, especi ...
, 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 viceregal representative in Nova Scotia of the , who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada, as well as the other Commonwea ...
, 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 o ...
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, Canada owned by SaltWire Network of Halifax.
The paper's newsroom staff were locked out of work from January 2016 until August 2017. ''Herald'' management con ...
'', 18 February 2017
See also
*Treaty Day
Treaty Day is celebrated by Nova Scotians annually on October 1 in recognition of the Treaties signed between the British Empire and the Mi'kmaq people. The first treaty was signed in 1725 after Father Rale's War. The final Halifax Treaties of ...
*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 t ...
*List of Grand Chiefs (Mi'kmaq)
The following is a list of Grand Chiefs (Mi'kmaq) who have presided over the Grand Council (Mi'kmaq)
The Grand Council (Santé Mawiómi or Mi'kmawey Mawio'mi) is the normal senior level of government for the Mi'kmaq, based in present-day Canada, ...
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 research university in Toronto, Ontario, Canada, located on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institu ...
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
Mi'kmaq people
People from Inverness County, Nova Scotia
People who have received posthumous pardons