Nova Scotia group wants a court to declare a First Nation's lobster fishery illegal

Fishing boats from the Sipekne'katik First Nation prepare for the start of its lobster fishery in Saulnierville, N.S. on Monday, Aug. 16, 2021. (THE CANADIAN PRESS/Andrew Vaughan)

HALIFAX -

A commercial lobster fishing group in southwestern Nova Scotia is seeking a court to have a lobster fishery run by a First Nations community declared illegal.

The United Fisheries Conservation Alliance says it also wants the court to define the scope and limits that should apply to a fishery operated by the Sipekne'katik First Nation in St. Mary's Bay.

The group's lawyer, Michel Samson, says a notice of action was filed Thursday with the Nova Scotia Supreme Court.

Samson says the alliance is suing because a separate court case -- filed by Sipekne'katik First Nation against the federal and Nova Scotia governments -- was paused in order to mediate a resolution.

The Sipekne'katik First Nation had gone to court in 2021 to have its lobster fishing rights affirmed.

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Commercial and Indigenous lobster fishers have been in a long-running dispute in Nova Scotia about the rights of First Nations to fish outside the federally regulated season.

In a news release, the fisheries conservation alliance, which was an intervener in the Sipekne'katik case, says it was "unacceptable" that court proceedings were paused in favour of mediation.

Alliance president Colin Sproul says fishers have no confidence in the federal government to protect the interests of commercial licence holders.

"The lack of clarity around First Nation rights in the lobster fishery have created conflict and confrontation throughout the Maritime provinces," Sproul said in the news release. "We need the court to provide clarity so that the commercial lobster fishery can remain sustainable."

The notice of action by the alliance names Sipekne'katik Chief Michelle Glasgow and the attorney general of Canada as defendants. Glasgow was not immediately available for comment.

The Supreme Court of Canada's 1999 Marshall decision says the Mi'kmaq, Maliseet and Passamaquoddy bands in Eastern Canada could hunt, fish and gather to earn a "moderate livelihood," though the court followed up with a clarification two months later, saying the treaty right was subject to federal regulation to ensure conservation.

In September 2020, the Sipekne'katik First Nation issued five lobster licences to its members, saying they could trap and sell their catch outside the federally regulated season.

In the months that followed there were confrontations on the water, rowdy protests and riots at two lobster pounds, one of which was razed by arson.

This report by The Canadian Press was first published Aug. 23, 2024.