N.S. fishers plan appeal after court dismisses lobster treaty rights case

An alliance representing commercial fishers in Nova Scotia plans to appeal a court ruling that dismissed their challenge to Indigenous fishing rights. The Unified Fisheries Conservation Alliance (UFCA) had sought a ruling that members of the Sipekne'katik First Nation do not possess a treaty right to fish lobster outside of the regulated season and without commercial licenses.

The UFCA argued that the Sipekne'katik First Nation's self-regulated lobster fishery in St. Mary's Bay was unauthorized and detrimental to both other fishers and lobster stocks. However, the Nova Scotia Supreme Court ruled last month that it is up to the Sipekne'katik First Nation itself to engage with the federal government regarding treaty rights, not the UFCA.

UFCA President Colin Sproul stated his group intends to appeal the decision. He expressed a desire for the Attorney General of Canada to seek a reference question from the Supreme Court of Canada to settle the matter definitively, rather than forcing fishing families to bear the legal costs. Officials from the Sipekne'katik First Nation and the federal attorney general's office had not immediately provided comment.

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The Attorney General of Canada, should most certainly be submitting a reference question to the Supreme Court of Canada to settle this once and for all instead of forcing hard-working fishing families to spend their scarce dollars to get us here.