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

South Shuswap. (Google Maps)
CSRD to ask school trustees to delay decision on Salmon Arm high school options

South Shuswap director advocating for Sorrento high school option

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

Public input on the City of Enderby’s proposed 2021 budget is open until 3:30 p.m. Monday, April 19, 2021. (City of Enderby photo)
Enderby’s proposed 2021 budget open for public input

The proposed spending plan includes a 2.2 per cent tax increase; public input open until Monday

Glenn Moyer is seeking space on a public wharf in Sicamous in order to restart his water taxi business after a year-long shutdown due to COVID-19. (Glenn’s Water Taxi/Facebook)
Water taxi operator requests public dock moorage in Sicamous

Glenn Moyer, a long time water taxi operator, is brimming with stories of life on the lake

Black Crow Cannabis is just one of Vernon's many pot shops now open in town. (Jennifer Smith - Morning Star)
Kelowna has highest cannabis fees in Okanagan

Vernon’s 14 stores pay second highest business licence fees

Flow Academy is located at 1511 Sutherland Avenue in Kelowna. (Michael Rodriguez - Capital News)
Black Press Media Weekly Roundup: Top headlines this week

Here’s a quick roundup of the stories that made headlines across the Okanagan, from April 11 to 16

Old English design elements can be seen in the sign of the Summerland Farm and Garden Centre in 1993. The guidelines are no longer in place, but some downtown businesses still show aspects of the days when Summerland had a theme in place. This photo was taken by Summerland photographer Dan Dorotich. (Photo courtesy of the Summerland Museum)
Summerland’s Old English theme has been abandoned

From the 1980s until the early 2000s, Summerland had design guidelines in its downtown

Penticton bylaw officers tore down a “pretty significantly sized” homeless camp underneath the bridge near Riverside Drive Friday, April 16 morning. (Brennan Phillips - Western News)
Penticton bylaw tears down ‘significantly sized’ homeless camp under bridge

Many residents had made complaints about the camp before it was torn down

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (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 a harm reduction advocate

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

Ford F-350s have been targeted in the North Okanagan by auto thieves since February 2021, Vernon North Okanagan RCMP data shows. (Gene J. Puskar - The Canadian Press/AP file)
Auto thieves target older Ford F-350s in Vernon: RCMP

Vernon Mounties remind all motorists no vehicle is immune to auto crime

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

Coldstream students took over the Your Letters page in the April 9, 2021, edition of the Vernon Morning Star to offer advice to adults about COVID-19. Interior Health took notice and offered their praise. (Vernon Morning Star)
‘We can get rid of COVID together’: B.C. kids share heartwarming advice

Grade 2 and 3 classes from a North Okanagan elementary took over Letters page of this Black Press newspaper

Most Read