Indigenous lobster boats head from the harbour in Saulnierville, N.S., on Wednesday, Oct. 21, 2020. THE CANADIAN PRESS /Andrew Vaughan

Indigenous lobster boats head from the harbour in Saulnierville, N.S., on Wednesday, Oct. 21, 2020. THE CANADIAN PRESS /Andrew Vaughan

Mi’kmaq lawsuit alleges intimidation, harassment in Nova Scotia lobster fishery

Among the named defendants are the Bay of Fundy Inshore Fishermen’s Association and more than two dozen owners

A Mi’kmaq First Nation that encountered violence after launching a self-regulated lobster fishery last fall has filed a lawsuit against non-Indigenous fishers in Nova Scotia, the RCMP and the federal government.

In a statement of claim filed Friday with the Nova Scotia Supreme Court, the Sipekne’katik First Nation alleges that commercial fishermen stole and damaged hundreds of band members’ traps and engaged in a co-ordinated campaign of intimidation and harassment.

The lawsuit alleges that between 75 and 100 boats operated by non-Indigenous fishers headed to St. Marys Bay near Saulnierville, N.S., where they were used in late September 2020 to “intimidate and harass one or more of the plaintiffs, and to steal or damage their lobster traps.”

None of the allegations has been proven in court. A representative for the non-Indigenous fishers could not be reached for comment.

The lawsuit follows months of tension surrounding a moderate livelihood lobster fishery that the band launched on Sept. 17, 2020, before the opening of the federally designated fishing season. “The opening of the moderate livelihood fishery … provoked a violent response from non-Indigenous commercial fishers and their supporters,” the lawsuit says.

The court action also alleges that non-Indigenous fishers operated their vessels in a reckless manner, “intentionally driving close to certain of the plaintiffs’ vessels or creating large wakes to swamp the … vessels, threatening the safety of one or more of the plaintiffs.”

Indigenous fishers also claim they were chased, swarmed and surrounded on the water, and that some non-Indigenous fishers fired flares at them.

Indigenous fishers in Nova Scotia argue that a 1999 Supreme Court of Canada decision affirms the Mi’kmaq treaty right to fish for a “moderate livelihood” when and where they want — even outside the federally regulated season. That decision was later clarified by the court, however, which said Ottawa could regulate the Mi’kmaq treaty right for conservation and other limited purposes.

The plaintiffs include about 30 Indigenous fishers who took part in the band’s food, social and ceremonial lobster fishery, as well as nine who participated in the moderate livelihood fishery. Five band members took part in both fisheries, the document says.

Among the named defendants are the Bay of Fundy Inshore Fishermen’s Association and more than two dozen owners, operators and crew of various fishing boats and enterprises in western Nova Scotia.

The lawsuit alleges that the association “actively encouraged” members to “interfere with the plaintiffs’ traps and remove them from the water” on Sept. 20, 2020.

“The fisher defendants and the association acted in concert by operating their vessels on the water in a co-ordinated and dangerous manner, all with the intention … of threatening the health and safety of the plaintiffs,” the court document says.

The statement of claim also alleges that both the RCMP and the federal Fisheries Department failed in their duties to ensure the safety of Indigenous fishers.

It says the Mounties knew or ought to have known the Indigenous fishers were at risk, but the lawsuit says the RCMP failed “to act appropriately … to deter or prevent the unlawful acts” or to deploy adequate resources to keep the peace.

The RCMP issued a brief statement, saying it had yet to receive a copy of the lawsuit. “We will review and consider any such claim once received,” Cpl. Mark Skinner said in an email.

A spokeswoman for the Department of Fisheries and Oceans said it could not comment on the lawsuit as it is before the courts.

Carole Saindon said in an email that the federal government is firmly committed to advancing reconciliation and implementing Indigenous Treaty rights through respectful, constructive dialogue.

She said First Nations affected by the Marshall decisions have a Supreme Court affirmed Treaty right to fish in pursuit of a moderate livelihood and the federal government is working in partnership to implement that right.

The band is seeking financial relief for “assault, intimidation and false imprisonment.” It also wants compensation to cover the cost of replacing stolen or damaged traps and the lost opportunity to catch lobster for the food, social and ceremonial fishery.

The First Nation filed another lawsuit filed last month targeting the constitutionality of a Nova Scotia law that has prevented the band from selling lobster it caught in St. Marys Bay.

ALSO READ: New UBC Indigenous fisheries centre aims to uplift community rights

Michael MacDonald, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

fishingIndigenous

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

CNC’s Applied Research and Innovation had partnered with the Scientific Advisory Committee of the Cariboo Agricultural Research Alliance and Mackin Creek Farm after receiving funding from the Canadian Agricultural Partnership to research a number of solutions potentially extending northern growing seasons. (Photo submitted)
Ways to extend growing season in B.C.’s north explored by College of New Caledonia in Quesnel

Low-cost supplemental LED lighting appears to benefit plant growth

Ecosystem restoration burn planned northwest of Quesnel near Neewa Creek

Burning will take place between April 19 and 30, 2021

Robert Merz recently shared some history behind Merz Road on Facebook. Originally built as a portion of the old Nazko Road, he said Merz Road was named to honour his grandfather and long-time Bouchie Lake resident Walt Merz. (Robert Merz Facebook photo)
Bouchie Lake residents record history with Rural Road Name Challenge

Residents explore and share origins of road names

The City of Quesnel issued an evacuation order for the property 1927 Dragon Hill Road, where the business Marshall Veterinary Hospital is located, due to the risk of landslide Thursday, April 15. (Marshall Veterinary Clinic Facebook photo)
Marshall Veterinary Hospital staff left scrambling after receiving evacuation order

Quesnel business ordered to evacuate due to landslide risk

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

(Sarah Blyth/Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to civilian Sarah Blyth

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

B.C. Premier John Horgan greets Lt. Governor Janet Austin's dog Macduff as she arrives to present the throne speech at the B.C. legislature, April 12, 2021. (B.C. government)
B.C. Premier John Horgan gets AstraZeneca shot, encourages others

27% of B.C. residents have now been vaccinated against COVID-19

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

Since April 4, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived. (Phil McLachlan/Capital News)
Vancouver the largest source of domestic flights with COVID-19 cases: data

This month alone, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Photo by Metro Creative Connection
New campgrounds coming to B.C. parks as part of $83M provincial boost

This season alone, 185 campsites are being added to provincial parks, says Minister of Environment and Climate Change

Most Read