Indigenous Lobster Fishing: N.S. Judge Says Dispute Must Be Handled by Ottawa
Justice Ann Smith said the group lacked standing and called the claim fatally flawed, leaving treaty-right talks between Canada and Sipekne'katik as the better path.
- On Wednesday, Nova Scotia Supreme Court Justice Ann Smith dismissed the Unified Fisheries Conservation Alliance's lawsuit against Sipekne'katik First Nation, ruling the claim was "fatally flawed" and lacked jurisdiction.
- The UFCA argued the First Nation's self-regulated lobster fishery in St. Marys Bay, operating since 2010 outside federal rules, harms local stocks. The Sipekne'katik maintain they hold treaty rights under the Peace and Friendship Treaties of 1760-61.
- Smith cited a 2024 Supreme Court of Canada decision stating that treaty rights disputes require government negotiation, not adversarial litigation. She emphasized the "special relationship" between the Crown and First Nations as the appropriate framework.
- UFCA President Colin Sproul stated the group disagrees with the ruling and is exploring an appeal. The decision leaves unresolved the ongoing confusion affecting St. Marys Bay fisheries.
- While the court dismissed the case, it noted that negotiations between the federal government and Sipekne'katik remain the required path to resolution. Observers indicate these talks have not significantly advanced, maintaining the current impasse.
13 Articles
13 Articles
The Toronto Star
Indigenous lobster fishing: N.S. judge says dispute must be handled by Ottawa
HALIFAX - A lobster fishing group in Nova Scotia has failed in its bid to persuade a judge that a First Nation does not have the treaty right to commercially
Judge shuts down lawsuit launched by group opposed to Sipekne’katik First Nation fishery
A Nova Scotia judge has dismissed a lawsuit launched by a commercial fishing group that argued Sipekne’katik First Nation’s fishery in the province’s southwest was unlawful and wanted the court to declare the band does not have a treaty right to commercial lobster fishing.
N.S. court dismisses claim by fisheries group seeking ruling on lobster treaty rights
The Nova Scotia Supreme Court has dismissed a motion from the Unified Fisheries Conservation Alliance (UFCA) seeking a ruling on Indigenous treaty rights to fish for lobster in St. Mary’s Bay, saying the group lacks standing for the claim.
A regional bill to ban lobsters and lobsters from being boiled alive in restaurants. The text, presented by the...
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