Commercial fishermen allege a large-scale fishery is being pursued outside the legal season by First Nations on St. Marys Bay for the sixth straight year. The Unified Fisheries Conservation Alliance confirmed it will ask the Nova Scotia Court of Appeal to overturn Justice Ann Smith’s July ruling that commercial fishermen lack standing in the case to clarify what rights First Nations have to fish for a moderate livelihood. Supplied by Sandra ConradArticle contentCommercial fishermen are appealing a court decision that prevented them from asking a judge to clarify what rights First Nations have to fish for a moderate livelihood.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentUnified Fisheries Conservation Alliance (UFCA) president Colin Sproul confirmed they will ask the Nova Scotia Court of Appeal to overturn Justice Ann Smith’s July ruling that commercial fishermen lack standing.Article contentArticle contentArticle contentThe move comes as commercial fishermen allege a large-scale fishery is being pursued outside the legal season by First Nations on St. Marys Bay for the sixth straight year, with local buyers laundering the catch, and as the federal government seeks legal costs from the UFCA, which represents commercial fishermen across the Maritimes, for having asked the court to rule on the extent of the moderate livelihood right.Article content“Fishing families of the Maritimes have pooled their money together and done the proper thing to solve this problem with dialogue and through the courts,” Sproul said.Article content“The federal government has conspired with Sipekne’katik at every turn to not only prevent us getting a legal resolution but also to increase our court costs.”Article contentThe caseArticle contentIn 2021, Sipekne’katik First Nation sued the attorney general of Canada and the federal Department of Fisheries and Oceans for violating what it claims is a treaty right to run a self-governed fishery on St. Marys Bay.Article contentArticle contentOver the objections of Sipekne’katik and the attorney general, the UFCA was granted intervenor status in the lawsuit that would have seen the Nova Scotia Supreme Court rule on the extent of moderate livelihood rights a quarter-century after the Supreme Court of Canada coined the term in the case R. v. Marshall.Article contentThe day before discovery was set to begin, Sipekne’katik paused the lawsuit as it entered confidential negotiations with the attorney general. When a court-imposed one-year timeline for those negotiations expired, the lawsuit automatically restarted.Article content Federal Justice Minister and Attorney General Sean Fraser has yet to respond on questions of why his department opposed the court clarifying the extent of the First Nations’ moderate livelihood fishery right and is seeking legal costs from the Unified Fisheries Conservation Alliance. Photo by HYUNGCHEOL PARK /POSTMEDIAArticle contentA day before discovery of witnesses was to begin for a second time, Sipekne’katik dropped the lawsuit, claiming it was causing undue financial hardship.Article contentThe UFCA then sought and was awarded legal costs of $15,000 from Sipekne’katik.Article contentThe First Nation then lost an appeal of the cost ruling and had another $6,000 tacked on.Article contentThe UFCA then applied to the Nova Scotia Supreme Court for “declarative relief” to have it answer the same question ultimately posed by Sipekne’katik’s dropped lawsuit: the extent of the moderate livelihood right stemming from the Peace and Friendship Treaty of 1761-62.
Nova Scotia fishermen to appeal ruling denying them a bid to clarify First Nations’ moderate livelihood rights
