Mi'kmaq band drops legal case on N.S. lobster fishery
HALIFAX - A Mi'kmaq band has dropped a legal case alleging Ottawa was violating its treaty rights in the lobster fishery, after hopes were raised of a historic deal.
Last December, the lawyer for Sipekne'katik First Nation told Nova Scotia Supreme Court Justice John Keith that discussions with Ottawa to settle the matter were 'moving to a conclusion.'
Keith gave the parties until June 16 to finish the mediation, but said at that point the case would carry on before the courts.
ARTICLE CONTINUES BELOW
However, a letter to the courts sent June 6 by Sipekne'katik's lawyer Nathan Sutherland dropped the case without any further explanation.
Neither side has provided an update on the status of negotiations for a new agreement.
Chief Michelle Glasgow, the leader of the Indigenous community about 70 kilometres north of Halifax, didn't reply to a request for comment.
Band members had argued their 'moderate livelihood' lobster harvest outside of the regular season is permitted by a 1999 Supreme Court of Canada decision, while non-Indigenous commercial fishers have contended it threatens stocks and fails to recognize how the courts have maintained Ottawa's right to regulate.
The original lawsuit was launched by the band in 2021, seeking a declaration that current federal regulations infringe on its treaty right to fish.
The Unified Fisheries Conservation Alliance, a group that represents commercial fishers, said in a news release Monday that the discontinuing of the case is a 'major victory' for its members.
ARTICLE CONTINUES BELOW
ARTICLE CONTINUES BELOW
'It is an acknowledgement by Chief (Michelle) Glasgow and Sipekne'katik First Nation that the rights to the illegal out-of-season lobster fishing ... are not a treaty protected right, it is poaching, plain and simple', said Colin Sproul, president of the group.
Meanwhile, the group said they will be pursuing separate legal action, filed in August 2024, asking the provincial Supreme Court to determine the rules and limits to be applied to Sipekne'katik First Nation's fishery under the Marshall decision.
The Supreme Court of Canada's 1999 Marshall decision said the Mi'kmaq, Maliseet and Passamaquoddy bands in Eastern Canada could hunt, fish and gather to earn a 'moderate livelihood,' though the court followed up with a clarification saying the treaty right was subject to federal regulation to ensure conservation.
In September 2020, the Sipekne'katik First Nation issued five lobster licences to its members, saying they could trap and sell their catch outside the federally regulated season.
In the months that followed there were confrontations on the water, rowdy protests and riots at two lobster pounds, one of which was razed by arson.
According to a letter the band's lawyers sent to the court last December, seven federal officials — including the regional director of the Fisheries Department — attended weekly mediation talks in the legal case, with 10 representatives of the First Nation participating.
ARTICLE CONTINUES BELOW
ARTICLE CONTINUES BELOW
'The progress made to date and moving forward from our 25 years of impasse is immeasurable,' wrote Ronald Pink, the lawyer at the time, in the 2024 letter to the judge.
The talks were also described by lawyers last December as being extensive, with former senator Dan Christmas and retired federal mediator Barney Dobbin guiding discussions.
This report by The Canadian Press was first published June 9, 2025.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CTV News
2 hours ago
- CTV News
Mi'kmaq band drops legal case on N.S. lobster fishery
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 HALIFAX — A Mi'kmaq band has dropped a legal case alleging Ottawa was violating its treaty rights in the lobster fishery, after hopes were raised of a historic deal. Last December, the lawyer for Sipekne'katik First Nation told Nova Scotia Supreme Court Justice John Keith that discussions with Ottawa to settle the matter were 'moving to a conclusion.' Keith gave the parties until June 16 to finish the mediation, but said at that point the case would carry on before the courts. However, a letter to the courts sent June 6 by Sipekne'katik's lawyer Nathan Sutherland dropped the case without any further explanation. Neither side has provided an update on the status of negotiations for a new agreement. Chief Michelle Glasgow, the leader of the Indigenous community about 70 kilometres north of Halifax, didn't reply to a request for comment. Band members had argued their 'moderate livelihood' lobster harvest outside of the regular season is permitted by a 1999 Supreme Court of Canada decision, while non-Indigenous commercial fishers have contended it threatens stocks and fails to recognize how the courts have maintained Ottawa's right to regulate. The original lawsuit was launched by the band in 2021, seeking a declaration that current federal regulations infringe on its treaty right to fish. The Unified Fisheries Conservation Alliance, a group that represents commercial fishers, said in a news release Monday that the discontinuing of the case is a 'major victory' for its members. 'It is an acknowledgement by Chief (Michelle) Glasgow and Sipekne'katik First Nation that the rights to the illegal out-of-season lobster fishing ... are not a treaty protected right, it is poaching, plain and simple', said Colin Sproul, president of the group. Meanwhile, the group said they will be pursuing separate legal action, filed in August 2024, asking the provincial Supreme Court to determine the rules and limits to be applied to Sipekne'katik First Nation's fishery under the Marshall decision. The Supreme Court of Canada's 1999 Marshall decision said the Mi'kmaq, Maliseet and Passamaquoddy bands in Eastern Canada could hunt, fish and gather to earn a 'moderate livelihood,' though the court followed up with a clarification saying the treaty right was subject to federal regulation to ensure conservation. In September 2020, the Sipekne'katik First Nation issued five lobster licences to its members, saying they could trap and sell their catch outside the federally regulated season. In the months that followed there were confrontations on the water, rowdy protests and riots at two lobster pounds, one of which was razed by arson. According to a letter the band's lawyers sent to the court last December, seven federal officials -- including the regional director of the Fisheries Department -- attended weekly mediation talks in the legal case, with 10 representatives of the First Nation participating. 'The progress made to date and moving forward from our 25 years of impasse is immeasurable,' wrote Ronald Pink, the lawyer at the time, in the 2024 letter to the judge. The talks were also described by lawyers last December as being extensive, with former senator Dan Christmas and retired federal mediator Barney Dobbin guiding discussions. This report by The Canadian Press was first published June 9, 2025.
Calgary Herald
3 hours ago
- Calgary Herald
G7 white hatter ceremonies casualties of security climate
Delegates to the upcoming G7 will receive Calgary's trademark white hat, but it'll be done unceremoniously. Article content Rising security concerns tied to a volatile geopolitical climate mean VIP visitors who arrive in Calgary en route to Kananaskis won't be welcomed with the usual white hatter ceremony, Mayor Jyoti Gondek said Monday. Article content Article content 'This is a tradition we hold close to our hearts, and it's a way of sharing Calgary's western hospitality and Stampede spirit,' Gondek told reporters. Article content Article content 'But we have to respect that security considerations today are very different from the last time we hosted the summit in 2002 . . . there's been a lot of nostalgia about what we were able to do in 2002.' Article content Article content Instead, delegates will be given a white Smithbilt hat minus the usual formal ceremony — along with a gift bag containing soap, chocolate, coffee, beef jerky and glassware that's been subject to security protocols, she said. Article content That ceremony typically includes the recipient repeating a pledge to spread that hospitality — while being fitted with the Calgary-made cowboy hat. Article content Recipients have included the Dalai Lama, Bob Hope, Marilyn Monroe, Oprah Winfrey, Queen Elizabeth II, George W. Bush, Luciano Pavarotti, Bob Dylan and Ozzy Osbourne. Article content Article content 'It's really important to practise diplomacy, so every delegate will be treated with equal respect,' said the mayor. Article content Article content The number of guests accepting invitations to the summit has remained in flux, with non-G7 leaders such as Indian Prime Minister Narendra Modi and Mexican President Claudia Sheinbaum being recently added to the list. Article content Gondek reiterated that the G7, despite its tight security, will showcase Calgary's hospitality, business acumen and beauty to a world audience. Article content 'The eyes of the world are on Calgary,' she said, noting 1,400 journalists from around the globe are expected to attend. Article content 'This is Calgary's moment to lead and to welcome with both confidence and care.' Article content
Toronto Star
4 hours ago
- Toronto Star
Mi'kmaq band drops legal case on N.S. lobster fishery
HALIFAX - A Mi'kmaq band has dropped a legal case alleging Ottawa was violating its treaty rights in the lobster fishery, after hopes were raised of a historic deal. Last December, the lawyer for Sipekne'katik First Nation told Nova Scotia Supreme Court Justice John Keith that discussions with Ottawa to settle the matter were 'moving to a conclusion.' Keith gave the parties until June 16 to finish the mediation, but said at that point the case would carry on before the courts. ARTICLE CONTINUES BELOW However, a letter to the courts sent June 6 by Sipekne'katik's lawyer Nathan Sutherland dropped the case without any further explanation. Neither side has provided an update on the status of negotiations for a new agreement. Chief Michelle Glasgow, the leader of the Indigenous community about 70 kilometres north of Halifax, didn't reply to a request for comment. Band members had argued their 'moderate livelihood' lobster harvest outside of the regular season is permitted by a 1999 Supreme Court of Canada decision, while non-Indigenous commercial fishers have contended it threatens stocks and fails to recognize how the courts have maintained Ottawa's right to regulate. The original lawsuit was launched by the band in 2021, seeking a declaration that current federal regulations infringe on its treaty right to fish. The Unified Fisheries Conservation Alliance, a group that represents commercial fishers, said in a news release Monday that the discontinuing of the case is a 'major victory' for its members. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW 'It is an acknowledgement by Chief (Michelle) Glasgow and Sipekne'katik First Nation that the rights to the illegal out-of-season lobster fishing ... are not a treaty protected right, it is poaching, plain and simple', said Colin Sproul, president of the group. Meanwhile, the group said they will be pursuing separate legal action, filed in August 2024, asking the provincial Supreme Court to determine the rules and limits to be applied to Sipekne'katik First Nation's fishery under the Marshall decision. The Supreme Court of Canada's 1999 Marshall decision said the Mi'kmaq, Maliseet and Passamaquoddy bands in Eastern Canada could hunt, fish and gather to earn a 'moderate livelihood,' though the court followed up with a clarification saying the treaty right was subject to federal regulation to ensure conservation. In September 2020, the Sipekne'katik First Nation issued five lobster licences to its members, saying they could trap and sell their catch outside the federally regulated season. In the months that followed there were confrontations on the water, rowdy protests and riots at two lobster pounds, one of which was razed by arson. According to a letter the band's lawyers sent to the court last December, seven federal officials — including the regional director of the Fisheries Department — attended weekly mediation talks in the legal case, with 10 representatives of the First Nation participating. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW 'The progress made to date and moving forward from our 25 years of impasse is immeasurable,' wrote Ronald Pink, the lawyer at the time, in the 2024 letter to the judge. The talks were also described by lawyers last December as being extensive, with former senator Dan Christmas and retired federal mediator Barney Dobbin guiding discussions. This report by The Canadian Press was first published June 9, 2025.
