Nova Scotia group wants a court to declare a First Nation's lobster fishery illegal
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.
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.
CTVNews.ca Top Stories
Tensions flare between Poilievre and Singh in the House after NDP says it will back Trudeau Liberals
Conservative Leader Pierre Poilievre and NDP Leader Jagmeet Singh got into a heated exchange in the House of Commons on Thursday, just minutes after Singh announced his party would not be supporting the Conservatives' first non-confidence motion against Prime Minister Justin Trudeau's government.
'It's disgusting': Quebec minister reacts after body of boy, 14, found near Hells Angels hideout
The province's public security minister said he was "shocked" Thursday amid reports that a body believed to be that of a 14-year-old boy was found this week near a Hells Angels hideout near Quebec City.
Missing six-year-old boy disappeared after school breakfast program: Manitoba RCMP
Shamattawa RCMP are searching for a missing six-year-old boy who hasn’t been seen since Wednesday morning.
Woman dead, toddler uninjured following B.C. police shooting, watchdog says
B.C.'s police watchdog is investigating the death of a woman who was shot by the RCMP after allegedly barricading herself in a room with a toddler early Thursday morning.
PM Trudeau names Anita Anand transport minister after Pablo Rodriguez quits cabinet
Prime Minister Justin Trudeau tapped Treasury Board President Anita Anand to take on additional duties as Canada's minister of transport on Thursday.
Canadian women among those who allege Harrods boss sexually abused them
CTV News has learned there are multiple Canadian women alleging they were victims of sexual abuse at the hands of the late Harrods boss Mohamed Al Fayed.
The Royal Canadian Mounted Police has lost 205 firearms since 2020, including machine-guns
The Royal Canadian Mounted Police has lost 205 firearms since 2020, including more than 120 handguns and at least five fully automatic weapons like machine-guns.
Shohei Ohtani becomes the first major league player with 50 homers, 50 stolen bases in a season
Shohei Ohtani became the first major league player to hit 50 home runs and steal 50 bases in a season, with the Los Angeles Dodgers star going deep twice to reach the half-century mark and swiping two bags to get to 51 against the Miami Marlins on Thursday.
Francois Legault wants the Trudeau government to fall
Quebec Premier Francois Legault is calling on the Bloc Quebecois to topple the Trudeau government next Wednesday and trigger a federal election.