SAULNIERVILLE — A group representing commercial fishers in Nova Scotia says it plans to appeal after a court ruled it does not have standing to pursue a case involving Indigenous fishing rights. The Unified Fisheries Conservation Alliance had been asking the Nova Scotia Supreme Court to rule that members of the Sipekne’katik First Nation do not have a treaty right to fish lobster out of season without commercial licenses. Sipekne’katik first announced plans to launch its own self-regulated fishery in 2020 in St. Mary’s Bay, a lucrative fishing ground about 200 kilometres west of Halifax. Alliance president Colin Sproul said in an interview that Ottawa should have settled the issue already and litigation should not be necessary. He said Sipekne’katik and Ottawa -- both named as defendants in the legal action -- are “rubbing salt in the wound” by seeking about $4,000 in legal costs. “The federal government’s responsibility is to have solved this question and … Mr. (Sean) Fraser, the attorney general of Canada, should most certainly be submitting a reference question to the Supreme Court of Canada to settle this once and for all instead of forcing hard-working fishing families to spend their scarce dollars to get us here,” he said. The alliance, which represents thousands of independent, multi-species commercial fishers and associations across the Maritimes, claimed in 2024 court documents that Sipekne’katik’s commercial fishery was unauthorized and unlawful. It alleged the fishery had a detrimental impact on lobster stocks, claiming some fishers were forced to sell their licenses or fish in other areas. The alliance wanted the judge to declare that the federal Fisheries Act and regulations are constitutionally valid and do not violate any treaty rights held by Sipekne’katik. The alliance acknowledged the First Nation has a treaty right to hunt, fish and gather in pursuit of a moderate livelihood, but argued the right was regulated from its inception and limited by “legislation and administrative prescriptions.” Justice Ann Smith said in her decision last month that the alliance lacked the legal standing required to bring the claim forward, which meant the court did not have jurisdiction to allow it to proceed. “The (alliance) is not a party to any treaty between Sipekne’katik and Canada,” Smith wrote. “It does not have private interest standing to seek a declaration that any such treaty rights are constitutional.” Smith’s decision said the Supreme Court of Canada has made it clear that issues around treaty rights must be dealt with through negotiations between First Nations and the federal government, not adversarial litigation. “It is for Sipekne’katik to determine how and when, if at all, it wishes to engage with Canada over its asserted treaty right,” said the decision. Sipekne’katik Chief Michelle Glasgow did not respond to a request for comment. In court documents, she said that allowing a non-Indigenous party to initiate a court case to limit a First Nation’s treaty rights would set a dangerous precedent. “(It) would take treaty rights disputes … out of the hands of the rights holders themselves. The UFCA should not be permitted to determine how and when disputes concerning Sipekne’katik’s treaty rights are resolved,” said Glasgow’s brief. The Supreme Court of Canada recognized the right of First Nation members to engage in moderate livelihood fisheries in a 1999 ruling known as the Marshall decision. The court decided that a Mi’kmaq fisherman from Cape Breton, Donald Marshall Jr., had the right to fish for eels and sell them when and where he wanted without a licence. The court also said Marshall’s treaty rights were protected by Section 35 of the Constitution. Sipekne’katik announced in September of 2020 that it was launching its own self-regulated fishery, citing the Marshall decision, but non-Indigenous fishermen in the area had complained long before that members of the community had been taking part in an illegal fishery. The dispute turned violent on Oct. 13, 2020 when about 200 mostly non-Indigenous fishers and their supporters converged on a facility in Middle West Pubnico, N.S., which was storing lobster caught by Sipekne’katik members. Photos posted on social media showed lobster strewn about the site, and the RCMP said the large group had prevented employees from leaving the building, which was damaged by the crowd. Police said they arrested at least 21 people in the weeks following the incident. The pound was found burned to the ground early on Oct. 17. Sproul said the conservation alliance was created in 2020 because the majority of Maritimes fishers want to solve the issue through dialogue and a court process, rejecting any type of violence or extremism. He said Fraser and all Canadians should expect the matter to be solved in a courtroom, not on the waters of St. Mary’s Bay. “The Unified Fisheries Conservation Alliance respects and supports treaty rights in the fishery,” said Sproul. “But we will continue to vigorously advocate for one unified set of rules for all participants. And that is the only thing that will lead to a resolution.” The attorney general’s office did not provide comment. In court submissions, federal lawyers said the alliance’s claim duplicated issues that were already before the courts in civil actions brought by Sipekne’katik. The community chose to discontinue one of those cases in 2025 and the other is currently stayed with the consent of the parties. The government said there are several regulatory prosecutions involving Mi’kmaq treaty rights before the courts, including charges against Sipekne’katik members for lobster fishing in St. Mary’s Bay. This report by The Canadian Press was first published Aug. 21, 2026.
