Indigenous lobster fishing: N.S. judge says dispute must be handled by Ottawa

Indigenous lobster fishing remains at the center of a Nova Scotia legal dispute after a judge ruled that the matter must be handled through federal negotiations rather than adversarial court action. In a decision released Wednesday, Nova Scotia Supreme Court Justice Ann Smith dismissed a bid by the Unified Fisheries Conservation Alliance to argue that the Sipekne’katik First Nation lacks a treaty right to commercially fish for lobster out of season and without a licence. The alliance alleged unlawful commercial fishing in St. Mary’s Bay since 2010, claiming it harmed lobster stocks. Smith said the court lacked jurisdiction because the claim did not challenge a government action or law. She cited Supreme Court guidance that treaty-rights issues require negotiations between First Nations and Ottawa, noting discussions are ongoing.