Tag Archives: Nova Scotia Supreme Court
Nova Scotia lobster pound owner wins appeal of ‘grossly disproportionate’ 2-year suspension
The Nova Scotia Supreme Court has overturned a two-year ban from the lobster business imposed on a pound owner caught with lobster harvested under an Indigenous licence that does not permit selling the catch. Justice Pierre Muise said the penalty imposed on Tyler Nickerson, owner of Fisher Direct in Shag Harbour, N.S., was overkill. “The grossly disproportionate severity of the sanction imposed in the case at hand, and the lack of any discernible reasonable justification for it, make it such that the minister’s decision was arbitrary,” Muise said in a decision released Tuesday. >>click to read<< 15:08
Sipekne’katik First Nation sues federal government for seizing lobster traps
The Sipekne’katik First Nation in Nova Scotia is suing the federal government over treaty right infringement after officers with the Department of Fisheries and Oceans seized lobster traps belonging to its band members. Sipenkne’katik alleges that DFO fishery officers hauled lobster traps belonging to two of its band members from waters in St. Mary’s Bay near Saulnierville, N.S. July 18-19. In a statement of claim that was filed at Nova Scotia Supreme Court in Halifax on July 24, Sipekne’katik states that its members have a treaty right to fish for a moderate livelihood which “means they have a right to sell the lobster they catch.” >click to read< 11:34
Seafood processor accuses Nova Scotia government of revoking licence over clerical error
The Nova Scotia government has postponed its decision to terminate the operating licences for a family-owned fish processing company,,, SeaBrook Fisheries says it’s being shut down as the result of a clerical error during succession planning. The company failed to notify the provincial Department of Fisheries and Aquaculture that control of the company had been passed to the son of the founders. The department earlier this year ordered the company’s fish buyers and fish processors licences to be terminated this Friday, effectively putting the company, which primarily processes lobster, out of business. SeaBrook was scheduled for an emergency hearing Wednesday,,, >click to read<, and Seafood processor accuses Nova Scotia government of revoking licence over clerical error – >click here< 14:17
Potlotek First Nation seeking injunction to prevent DFO from interfering with self-regulated fishery
Nova Scotia commercial fishermen will find out Friday whether they can intervene in a court case that tests the federal government’s authority to regulate a Mi’kmaw lobster fishery. The Potlotek First Nation is seeking an injunction to prevent the DFO from interfering with its self-regulated moderate livelihood lobster fishery. The Cape Breton band wants a court declaration that enforcement of the federal Fisheries Act infringes on its treaty right to earn a moderate living from fishing. Justice John Keith said he will issue a decision Friday afternoon. Colin Sproul, a spokesperson for the Unified Fisheries Conservation Alliance, “All I can say is that we’re really happy to have the opportunity to share our perspectives with the court, but I can’t really comment much more than that while there are the issues before the court,” >click to read< 22:40
Sipekne’katik First Nation has filed a lawsuit against non-Indigenous fishers, the RCMP and the Feds
In a statement of claim filed Friday with the Nova Scotia Supreme Court, the Sipekne’katik First Nation alleges that commercial fishermen stole and damaged hundreds of band members’ traps and engaged in a co-ordinated campaign of intimidation and harassment. The lawsuit alleges that between 75 and 100 boats operated by non-Indigenous fishers headed to St. Marys Bay near Saulnierville, N.S., where they were used in late September 2020 to “intimidate and harass one or more of the plaintiffs, and to steal or damage their lobster traps.” None of the allegations has been proven in court. A representative for the non-Indigenous fishers could not be reached for comment. >click to read< 19:01
Nova Scotia Supreme Court approves sale of Clearwater Seafoods
It is the final step in a deal described as “the single largest investment in the seafood industry by any Indigenous group in Canada.” On Thursday, shareholders voted in favour of the sale to a partnership of Premium Brands of British Columbia and a coalition of Mi’kmaw First Nations led by the Membertou band of Nova Scotia and the Miawpukek in Newfoundland and Labrador. Court approval for the mega deal took 20 minutes. >click to read< 18:40
Sipekne’katik seek injunction from Nova Scotia Supreme Court to end threats, interference in lobster fishery
The Sipekne’katik band is seeking a temporary court injunction to end blockades, interference and threats over its lobster fishing in southwest Nova Scotia. The band applied to Nova Scotia Supreme Court Wednesday for an injunction to prohibit anyone from trying to stop members from accessing two wharves in the region, in Saulnierville and Weymouth, and a lobster pound it uses in New Edinburgh. The band also seeks to end interference at sea, where it says traps have been damaged, destroyed or taken by non-Indigenous fishermen. >click to read< 14:01
Legal fight over Open Hydro continues
Local businesses left holding the bag for millions of dollars worth of work installing a tidal turbine in the Minas Passage want the Irish parent company to keep its hands off its bankrupt subsidiary’s remaining asset.,, The company was the Canadian subsidiary of Irish parent OpenHydro that went bankrupt days after a massive tidal turbine was installed in the Minas Passage. The Irish company’s bankruptcy occured after French defence firm Naval Energies, which had been bankrolling the project to the tune of hundreds of millions of dollars, pulled its funding. >click to read< 12:37
N.S. pulp mill due in court to ask for injunction against fishermen’s blockade
Lawyers for the Northern Pulp mill are due in Nova Scotia Supreme Court today to seek an injunction that would prevent fishermen from blocking survey boats hired to examine a route for an effluent pipeline. Kathy Cloutier, a spokeswoman for Northern Pulp’s parent company, Paper Excellence Canada, confirmed the mill is seeking an interim injunction to prevent blockades of the survey work in the Northumberland Strait. A group of fishermen has stated they would block any survey boats from entering the Strait. >click to read<11:30
Fisherman claims DFO policy discriminates against disabled fishermen
A lobster fisherman from Granville Ferry is suing the federal government, claiming one of its licensing policies discriminates against disabled fishermen and is therefore unconstitutional. In a lawsuit filed Friday in Nova Scotia Supreme Court, Dana Robinson says the Department of Fisheries and Oceans can authorize a substitute to fish a licence if the owner has a medical condition, but that authorization expires after five years. click here to read the story 16:31
Fundy fishermen lose bid to stop tidal turbine in Minas Basin
A group of Bay of Fundy fishermen have lost a bid to overturn the approval of a project in Nova Scotia’s Minas Basin. In February, the Bay of Fundy Inshore Fishermen’s Association argued in Nova Scotia Supreme Court that the province’s environment minister granted approval of the project without enough environmental data. The group, which represents 175 fishermen from Yarmouth to the New Brunswick border, says it believes the tidal energy program will harm marine life. The first turbine was deployed in November. In particular, the group has accused the operators of the turbine of failing to produce “relevant baseline data,” or a snapshot of the environmental state of the Bay of Fundy before the turbine was deployed. On Monday, Justice Heather Robertson rejected the claims by the fishermen, saying “extraordinary efforts have been made to evaluate risk” in the 2009 environmental assessment of the turbine project. click here to read the story 15:37
Nova Scotia Supreme Court Justice Jamie Campbell rules against Bay of Fundy Inshore Fishermen’s Association
Bay of Fundy fishermen have failed in their bid to stop the deployment of electricity-generating in the Minas Basin near Parrsboro, N.S. In a ruling released today, Justice Jamie Campbell of the Nova Scotia Supreme Court said there is no evidence to suggest irreparable harm will be caused by putting the turbines in the water from now until next February. That’s when the court is scheduled to hear an appeal of the government’s decision to permit the deployment of the turbines. The Bay of Fundy Inshore Fishermen’s Association went to court last week to try to get an injunction to stop Cape Sharp Tidal Ventures from putting two test turbines in the water. Campbell said the fishermen have legitimate concerns. But the judge also noted there was nothing to suggest that having the turbines in the water for the next four months would have a lasting impact. Read the rest here 13:32
Bay of Fundy tidal energy battle heads to court Thursday
The Nova Scotia government and a company attempting to deploy two tidal turbines in the Bay of Fundy have joined forces to fight a move by a fishermen’s association to block the venture. The Bay of Fundy Inshore Fishermen’s Association is scheduled to appear Thursday in Nova Scotia Supreme Court to ask for a stay on an approval that will allow Cape Sharp Tidal Ventures to install two 16-metre-wide turbines at the bottom of the Minas Passage. Cape Sharp Tidal is a partnership between Halifax-based Emera, parent company of Nova Scotia Power, and French-owned Open Hydro. The province and Cape Sharp Tidal want the court to dismiss the application. Read the story here 09:57
Nova Scotia fishermen were in court today to stop Bay of Fundy tidal test project
A group representing 175 Nova Scotia fishermen appeared in court Thursday in a bid stop a plan to test giant electric turbines in the Bay of Fundy. The Bay of Fundy Inshore Fishermen’s Association says the Cape Sharp Tidal project is based on “junk science” and should be put on hold until a year-long study can establish a scientific baseline for the state of the bay. In June, Nova Scotia’s environment minister granted approval for the installation of two, five-storey turbines on the bottom of the bay for tidal power research. The association has filed an application for a judicial review of that decision, saying the minister acted unreasonably and failed to adequately consider evidence that suggests the project requires more study. Nova Scotia Supreme Court judge Denise Boudreau said a two-day hearing on the merits of the application would begin on Feb. 1, 2017. As well, she said a hearing could be held on Oct. 20 if the association decides to file a motion seeking a stay of the minister’s decision. Link 17:02
