Thursday, December 12

The lawyer for a Mi’kmaq band that has battled Ottawa over its lobster harvest rights says a deal settling the “centuries-old” fishing dispute is nearly complete.

Ronald Pink told Justice John Keith today in provincial Supreme Court that Sipekne’katik First Nation’s mediation over its treaty-based fishery off the province’s southwestern coast is “moving to a conclusion.”

Band members have said their “moderate livelihood” fishery outside of the regular season is permitted by a 1999 Supreme Court of Canada decision, but non-Indigenous, commercial fishers have contended the practice threatens stocks and fails to recognize the courts also maintained Ottawa’s right to regulate.

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Pink made his statement about progress as he sought a delay in a lawsuit the band launched to seek a declaration that federal regulations infringe on their treaty right to fish.

A lawyer for the Unified Fisheries Conservation Alliance — which is intervening in the case on behalf of commercial fishers — told the judge it’s unclear what the potential deal means and urged the judge to keep the litigation on track.

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Keith ruled after a short hearing that the parties have six months to finish their talks, but he also set a firm date of June 16 for the civil proceedings to resume if the expected resolution isn’t reached.

This report by The Canadian Press was first published Dec. 12, 2024.


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Deal between Ottawa and N.S. First Nation over contested fishery nearly done: lawyer

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