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Sipekne’katik First Nation Withdraws Lobster Rights Lawsuit

Commercial fishers are set to seek a provincial court ruling on out-of-season lobster-harvest limits following the withdrawal.

Commercial fishermen allege the Sipekne’katik First Nation has pursued a large lobster fishery outside the commercial season from the Saulnierville wharf in southwestern Nova Scotia.
Fishing boats from the Sipekne'katik First Nation prepare for the start of its self-regulated treaty lobster fishery in Saulnierville, N.S. on Monday, Aug. 16, 2021. THE CANADIAN PRESS/Andrew Vaughan

Overview

  • On June 6, the band’s lawyer filed a letter withdrawing its 2021 lawsuit against the federal government without providing a reason, halting court proceedings set to resume on June 16.
  • The original suit sought a declaration that federal lobster regulations infringed the band’s treaty right to a ‘moderate livelihood’ harvest under the 1999 Marshall decision.
  • The dispute began when the Sipekne’katik First Nation issued five lobster licences in September 2020 for out-of-season fishing, leading to protests, confrontations and rioting at lobster pounds.
  • The Unified Fisheries Conservation Alliance hailed the withdrawal as a major victory, with its president describing the band’s out-of-season harvest as poaching.
  • In August 2024 the commercial fishers filed separate legal action in the Nova Scotia Supreme Court to define rules and limits for the band’s lobster fishery under the Marshall ruling.