Sipekne'katik First Nation sues federal government for seizing lobster traps

Sipekne'katik First Nation is suing the Department of Fisheries and Oceans and the Canadian Coast Guard for seizing some of its members' lobster traps earlier this month in southwest Nova Scotia.

The statement of claim, filed in the Supreme Court of Nova Scotia on July 24, says that on July 18, coast guard staff used a grappling hook to pull traps belonging to Sipekne'katik community member James MacDonald from the waters just off the wharf in Saulnierville, N.S.

When a fisheries guardian with the band approached the coast guard staff member about the seizure, the staff member told them Fisheries and Oceans did not authorize Sipekne'katik fisheries and was therefore confiscating the traps, according to the statement of claim.

The following day, a Sipekne'katik fisheries guardian saw fisheries officers pulling traps belonging to another member, Sheyanne Francis, near the mouth of the Sissiboo River.

The Sipekne'katik summer lobster fishery in southwest Nova Scotia has been a flashpoint in recent years, with some commercial fishermen in the area unhappy band members are catching and selling lobster outside the commercial season.

The band has argued it does not need DFO authorization to carry out a moderate livelihood fishery, a right determined in the Supreme Court of Canada's landmark 1999 Marshall decision. The court also ruled the government could regulate treaty fishing rights for conservation reasons.

Seizure infringes on rights, lawsuit says

The lawsuit, first reported by Ku'ku'kwes News, argues that by pulling traps from the water, the federal government is preventing Mi'kmaq from participating in a moderate livelihood fishery.

The statement of claim also argues that the seizure of traps infringes on the First Nation's right to manage its own fishery, a right enshrined in the UN Declaration on the Rights of Indigenous Peoples.

The lawsuit claims damages for pain and suffering, inconvenience and loss of amenities, loss of income from the sale of the lobster that could have been caught, expenses for the 65 traps and gear that were confiscated, as well as interest on all damages and court costs.

According to the court document, Sipekne'katik First Nation informed the federal fisheries minister and the department's regional director in May of the community's plan to fish for lobster under its own management plan.

The First Nation also sent the department a letter in July outlining its plans for both a food, social and ceremonial fishery (FSC) and a livelihood fishery, and asserting its rights under the Marshall decision and the United Nations.

DFO gave the band authorization for an FSC fishery in May.

The department said last month it had reached "interim understandings" with nine First Nations in the Maritimes to carry out a moderate livelihood lobster fishery, but Sipekne'katik First Nation is not one of them.

In a statement to CBC News, DFO said it works with communities — including Sipekne'katik — on the right to fish for a moderate livelihood. It did not address the allegations in the lawsuit.

The federal department and the coast guard have not yet filed a defence in the case.

Sipekne'katik did not respond to a request for comment.