Nova Scotia fishers to appeal court ruling on Indigenous fishing rights

The Unified Fisheries Conservation Alliance (UFCA) intends to appeal a Nova Scotia Supreme Court ruling that dismissed its attempt to challenge the fishing rights of the Sipekne’katik First Nation. The court ruled that the alliance lacks the legal standing to pursue the case, stating that it is the responsibility of the Sipekne’katik First Nation, rather than the UFCA, to engage with the federal government regarding treaty rights.

The dispute centers on whether the Sipekne’katik First Nation has the treaty right to conduct commercial lobster fishing out of season without commercial licenses. The UFCA has alleged that unauthorized fishing in St. Mary’s Bay has negatively impacted lobster stocks and other commercial fishers.

The legal conflict is rooted in the 1999 Marshall Decisions, which affirmed the treaty rights of Mi’kmaq people to pursue a ‘moderate livelihood’ through hunting and fishing. However, the decisions also noted that governments maintain the authority to regulate these rights for conservation purposes. A central point of contention remains the lack of a clear legal definition for the term ‘moderate livelihood’.