Mi’kmaq man to fight for rights.

ESKASONI — An Eskasoni resident has been served a summons to appear in court on charges of fishing without a licence and fishing for lobster out of season.

Hoqwever, Ashton Bernard says the Mi'kmaq people have treaty rights to do so.

“I don't understand the four charges. The Supreme Court of Canada says we can fish for our livelihood,” said the 30-year-old Bernard.

The Supreme Court of Canada in 1999 held the Crown granted the Mi'kmaq nation the rights to hunt and fish when it signed the Peace and Friendship Treaties in 1760. But Bernard says asserting those rights is still a fight.

“I'm not scared, I'm getting tired of it,” said Bernard.

Last summer, Bernard and three others began fishing for an income. He said most fishing licences in the reserve are for the band-owned quotas and can be competitive to gain. So, Bernard wanted to test his rights and try to make money by selling lobster.

After two days of fishing and returning to a Yarmouth wharf, Bernard and his team were met by Fisheries and Oceans Canada and RCMP officers. That early September morning, the officers seized about 3,200 pounds of lobster from the Mi'kmaq men and Bernard has waited to find out more about the investigation.

He said he grew up hunting and fishing but last year he decided to assert his rights to make a living wage. Bernard said had another incident in the winter when Fisheries and Oceans Canada seized his gear but going before the court on these charges he plans to challenge for his right to fish here.

“They're going to have to prove we don't have rights in Nova Scotia, "said Bernard.

Chief Leroy Denny of Eskasoni First Nation agrees with Bernard and plans to meet with the Assembly of Nova Scotia Mi'kmaq Chiefs to discuss the matter further.

“Ashton Bernard has a lawful right to fish for a moderate livelihood in accordance with our 1760 treaty that has been recognized by the Supreme Court of Canada,” said Denny.

Bernard said he and the others charged plan to plead not guilty and assert their treaty rights. He's summoned to appear Aug. 24 at the Yarmouth provincial court. He was stunned to get the summons and wonders why the investigation took so long. Since then he has fished under the band snow crab quota and is still contemplating fishing for his own livelihood in the future.