MEDIA RELEASE: UFCA files Notice of Action against Government of Canada and Sipekne’katik”

Halifax, NS, August 23, 2024 - The United Fisheries Conservation Alliance (UFCA) filed a Notice of Action in the Supreme Court of Nova Scotia today seeking declarations that the lobster fishery undertaken by Sipekne’katik First Nation in St. Mary’s Bay, Digby County is illegal, the scope of the moderate livelihood fishery and confirmation that federal rules and regulations for commercial fisheries apply to Sipekne’katik First Nation.

“The Supreme Court of Canada introduced the concept of a moderate livelihood fishery via the Marshall decisions but has never adequately defined the scope and limits that should apply. This has created confusion between the federal departments of Fisheries & Oceans and the Public Prosecution Service as to what laws to enforce. It is imperative that our Courts provide the rules and clarity required for both the commercial fishery and for First Nation communities. Politics should be kept out of the fishery”, said the Hon. Michel P. Samson, Counsel with the law firm Cox & Palmer.

The decision to proceed with this action follows a decision by the federal government and Sipekne’katik First Nation to pause litigation commenced by Sipekne’katik First Nation in 2021 against the federal Attorney General and the Attorney General of Nova Scotia seeking declarations around the rights of their First Nation members to fish lobster.

“UFCA became an intervenor in this action to protect the interests of commercial license holders in Nova Scotia and PEI and to keep the fishery sustainable. A significant amount of money and time was invested in this litigation. The decision by the federal government and Sipekne’katik First Nation to pause the litigation in order to mediate a resolution is unacceptable. We have not been provided with any details as to what issues will be mediated and have no confidence in the federal government to protect the interests and investments made by commercial lobster license holders”, said Colin Sproul, President of UFCA.

“The lack of clarity around moderate livelihood and First Nation rights in the lobster fishery have created conflict and confrontation throughout the Maritime provinces. We need the Court to provide clarity so that the commercial lobster fishery can remain sustainable. The current lobster fishery in St. Mary’s Bay by Sipekne’katik First Nation is illegal and must be stopped. UFCA is calling on Fisheries Minister Lebouthillier to close this out-of-season fishery and enforce the laws until the Court provides its ruling”, added Sproul.

The UFCA is a not-for-profit alliance of commercial fishery stakeholders representing multispecies commercial fishers, fishing associations and associated businesses across Atlantic Canada.

The value of Canadian lobster exports topped $3.2 billion in 2021.

To view a copy of the press release, please click here.