Sipekne’katik claims ‘significant progress’ in talks with Ottawa over controversial N.S. lobster fishery
The ongoing dispute over the out-of-season lobster fishery in southwest Nova Scotia involving the Sipekne’katik First Nation and the federal government seems to be making progress through mediation efforts. The lawyer for the First Nation recently stated that after 25 years of minimal dialogue, there is now a significant and meaningful conversation taking place between the two parties.
In a letter addressed to a Nova Scotia Supreme Court judge, the lawyer requested a six-month pause in the litigation initiated by the band against the federal government in order to allow the negotiations to continue. The Sipekne’katik First Nation, the federal government, and the Unified Fisheries Conservation Alliance, which represents commercial fishing interests, are set to discuss the time extension in court soon.
The Sipekne’katik First Nation began its summer and fall fishery in St. Marys Bay in 2020, outside of the commercial season in the area. The band argues that they have a treaty right to fish lobster for a moderate livelihood, based on the 1999 Supreme Court of Canada decision in the Marshall case. This has led to tensions with many commercial fishermen in the region who oppose the First Nation’s fishery.
The band’s lawsuit against the federal government seeks a declaration from the court that the Fisheries Act and regulations infringe on their treaty right to fish lobster for a moderate livelihood, including the restrictions on catching and holding lobsters without a license and fishing outside of the commercial season.
The trial, initially scheduled for May, was paused earlier this year by Justice John Keith at the request of both parties to allow for negotiation. According to the letter to the court from the band’s lawyer, Ronald Pink, there have been 17 meetings between Sipekne’katik and the federal government officials since June, with meetings lasting hours at a time. Despite the long-standing strained relationship between the two parties, significant progress has been made through these discussions.
The Unified Fisheries Conservation Alliance, which strongly opposes the Sipekne’katik fishery, has also taken legal action against the band and its chief, Michelle Glasgow. The lawsuit claims that the lobster stocks in St. Marys Bay have been negatively impacted, leading to financial losses for licensed commercial fishermen in the area and the closure of a lobster processing business.
Overall, the mediation efforts between the Sipekne’katik First Nation and the federal government seem to be moving in a positive direction, although the dispute is not yet fully resolved. The commitment from both parties to continue negotiations indicates a potential for a peaceful resolution to this contentious issue.
