SAULNIERVILLE - A group representing commercial fishers in Nova Scotia has announced plans to appeal a court ruling stating that it lacks the standing to pursue a case concerning Indigenous fishing rights. The Unified Fisheries Conservation Alliance sought judicial clarification to determine if members of the Sipekne'katik First Nation possess a treaty right to fish for lobster out of season without holding commercial licenses.

The alliance contended that the commercial fishery operating within Nova Scotia's St. Mary's Bay is unauthorized and unlawful, arguing it has had negative repercussions on both other fishers and the lobster stocks in the region. This legal challenge was dismissed by the Nova Scotia Supreme Court last month, which determined that the decision regarding treaty rights should be made by the Sipekne'katik First Nation, not by the alliance.

In response to the dismissal, Alliance President Colin Sproul expressed the group's intention to appeal the ruling. Sproul criticized the current judicial process, advocating for the Attorney General of Canada to pose a reference question to the Supreme Court of Canada. He emphasized that this method would establish a clearer resolution regarding treaty rights, rather than requiring fishing families to exhaust their financial resources navigating through legal challenges.

As of now, officials from both the Sipekne'katik First Nation and the federal attorney general’s office have not provided immediate comments regarding the upcoming appeal or the recent court ruling.

The ongoing debate over fishing rights in this region highlights the tension between commercial fishers and Indigenous communities asserting their treaty rights. The situation remains fluid as the appeal progresses, underscoring the complexities of rights and regulations governing fishing practices in Canada.