In August 2024, the UFCA filed its own claim with the Supreme Court of Nova Scotia against the Attorney General of Canada and Sipekne’katik First Nation. The UFCA is asking the Court to confirm that the Fisheries Act applies to ALL fisheries, including any treaty fishery, that the current out of season fishery by Sipekne’katik First Nation in St. Mary’s Bay is illegal, and seek clarification on rules and limits applicable to treaty fisheries.

UFCA’s decision to proceed with this action follows a decision by the federal government and Sipekne’katik First Nation to discontinue litigation commenced by Sipekne’katik First Nation in 2021 against the federal Attorney General and the Attorney General of Nova Scotia seeking declarations around the rights of their First Nation members to fish lobster.

The Supreme Court of Canada introduced the concept of a moderate livelihood fishery via the Marshall decisions but has never adequately defined the scope and limits that should apply. This has created confusion between the federal departments of Fisheries & Oceans and the Public Prosecution Service as to what laws to enforce. It is imperative that our Courts provide the rules and clarity required for both the commercial fishery and for First Nation communities.

All stakeholders in the fishery need clear guidance so that everyone understands what rules apply. We expect the federal government to support our legal action and allow the court to put an end to the current legal divide.