Tag Archives: Supreme Court of Canada

Indigenous fishermen hope to be arrested, trigger court case as Nova Scotia lobster season kicks off

As one of the most lucrative fisheries in Canada prepares for opening day, some Mi’kmaq in Nova Scotia are trying to trigger a court battle over Indigenous fishing, hoping it will see them win a greater share of the thriving lobster business. And they are daring the Department of Fisheries and Oceans to arrest them. One of them is Cheryl Maloney, an activist, law school graduate and mother of four boys. She wants her family to be able to earn the “moderate livelihood” she says the Supreme Court of Canada ruled they are entitled to in 1999. click here to read the story 09:19

Fisherman says dispute not between natives, non-natives

When Alex McDonald went to check on his fishing boat in Comeauville on Monday, it was gone. Later that day a Department of Fisheries and Oceans patrol found the Buck and Doe burning on St. Marys Bay.,, “But I don’t believe it’s the (non-native) guys I fish beside. I think it’s outsiders that did this.” Two other boats that belong to non-Aboriginal fishermen, who also fish from Saulnierville, have been hit. The accusation by Wagner and other fishermen is that some non-native lobster dealers have been buying lobster from First Nations members while the season is closed. click here to read the story 11:37

Fishermen protest outside Fisheries office, lobsters dumped at ‘dozens’ of sites across Nova Scotia

Several dozen lobster fishermen gathered outside a federal Department of Fisheries and Oceans (DFO) office in southwestern Nova Scotia on Monday to continue their protest over what they say is an illegal Indigenous commercial fishery. Bernie Berry of the Coldwater Lobster Association said about 50 protesters were in Digby to keep pressure on DFO officials to enforce regulations concerning the sale of lobster caught outside the regular season by Indigenous fishermen. Video, click here to read the story 14:47

Weekend Focus: Marshall decision still ripples through native fishery

Gary Denny is a captain. He wouldn’t likely be a fishing captain if Donald Marshall Jr. hadn’t set eel nets in Antigonish County’s Pomquet Harbour in 1993. Marshall, from Membertou First Nation, sold the 463 pounds of eels for $787.10 and was arrested. He was charged with fishing without a licence, setting illegal nets during a closed season and selling eels without a licence. Nova Scotia’s courts upheld those charges, but then the Supreme Court of Canada surprised everyone in 1999 — everyone except the Mi’kmaq. Read the rest here 17:41

Burnt Church 15 Years Later – where lobster wars became a reality

Time flies. Fifteen years have now passed since the Supreme Court of Canada made its landmark ruling in favour of the late Donald Marshall Junior, a Mi’kmaq from Nova Scotia.,,  docks became a flashpoint, where lobster wars became a reality following the Supreme Court’s decision in the fall of 1999 and which ensued into the summer and fall of 2000. Violent confrontations took centre stage,,, Read the rest here 13:20

B.C. fish farm opponent Don Staniford can’t appeal to Supreme Court of Canada

Staniford hoped to fight a B.C. Court of Appeal decision that slapped him with $75,000 in damages for defaming Mainstream Canada in a campaign that alleged eating farmed salmon is as deadly as smoking. Staniford’s defence of fair comment was supported by a B.C. Supreme Court judge, but she also referred to Staniford as a “zealot” and challenged his credibility. Read [email protected]  10:32

5 Vancouver Island native bands get commercial fishery – Supreme Court of Canada dismisses federal government appeal ending decades-long legal fight

Five First Nations on Vancouver Island, who are part of the collective known as the Nuu-chah-nulth, have had their right to catch and sell nearly all species of fish found within their territories recognized by the country’s highest court. Read [email protected]  19:23