Nova scotia fishermen group wants Indigenous lobster fishery declared illegal
Commercial and Indigenous lobster fishers in Nova Scotia have long been engaged in a dispute over the rights of First Nations to fish outside the federally regulated season.
A commercial lobster fishing organization in southwestern Nova Scotia is asking a court to declare a lobster fishery operated by a First Nations community as illegal. The United Fisheries Conservation Alliance is also requesting that the court define the scope and limits that should govern the Sipekne’katik First Nation's fishery in St. Mary’s Bay.
Michel Samson, who is representing the group, says a notice of action was filed with the Nova Scotia Supreme Court on Thursday, reports Global News.
Samson said that the alliance is suing because a separate court case filed by the Sipekne’katik First Nation against the federal and Nova Scotia governments was paused to mediate a resolution.
A war is escalating in the normally-sleepy province of Nova Scotia, with dramatic footage coming out of the province showing a fisherman's truck engulfed in a blaze.https://t.co/UPIRTGKW5H#cdnpoli #nspoli
— Rebel News (@RebelNewsOnline) October 15, 2020
The First Nation went to court in 2021 to affirm their lobster fishing rights.
Commercial and Indigenous lobster fishers in Nova Scotia have long been engaged in a dispute over the rights of First Nations to fish outside the federally regulated season.
In a news release, the Fisheries Conservation Alliance, which served as an intervener in the Sipekne’katik case, expressed that it was "unacceptable" for court proceedings to be halted in favour of mediation.
“The lack of clarity around moderate livelihood and First Nation rights in the lobster fishery have created conflict and confrontation throughout the Maritime provinces. We need the Court to provide clarity so that the commercial lobster fishery can remain sustainable. The current lobster fishery in St. Mary’s Bay by Sipekne’katik First Nation is illegal and must be stopped. UFCA is calling on Fisheries Minister Lebouthillier to close this out-of-season fishery and enforce the laws until the Court provides its ruling,” Alliance president Colin Sproul wrote in his statement.
The Marshall decision outlines how the Mi’kmaq, Maliseet and Passamaquoddy bands can hunt, fish, and father to earn a “moderate livelihood.”
In September 2020, the Sipekne’katik First Nation granted five lobster licenses to its members, permitting them to trap and sell their catch outside of the federally regulated season. The following months saw clashes on the water, intense protests, and riots at two lobster pounds, one of which was destroyed by arson.
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