Nova Scotia judge dismisses charges against three Mi’kmaw fishermen

In his decision in Digby Provincial Court, Judge Timothy Landry said the federal crown failed to provide evidence to prove the fishermen, all from the Sipekne’katik First Nation, did not have any other legal authority under the Fisheries Act to fish for lobster. “In order for me to know that (the fishermen) possess fish that were caught contrary to the Fisheries Act, I have to know that they don’t have the authority to fish in any other fashion, which I don’t,” Judge Landry said in court before issuing his ruling on Monday. To date, there are no sections in the federal Fisheries Act that directly regulate the treaty right to a moderate livelihood fishery. James Nevin, one of the three fishermen charged, said he was “ecstatic” and “excited” over Judge Landry’s ruling. >click to read< 16:20

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