First Nation wins injunction against disruption of fishery

In the wake of recent violence, a judge has granted an injunction to the Sipekne’katik First Nation — authorizing police to arrest anyone whose interference, blockades or threats keep the community from carrying out its fishery in southwestern Nova Scotia.

Nova Scotia Supreme Court Justice James Chipman granted the interim injunction Wednesday after an emergency hearing in Halifax. It will remain in place until Dec. 15, at which time, if necessary, a full hearing will be held.

“I think it’s groundbreaking,” said Sipekne’katik director of operations Rhonda Knockwood. “The court agrees that there are safety concerns for our people.”

The Sipekne’katik opened a modest livelihood fishery in St. Mary’s Bay last month, exercising a Supreme Court of Canada-acknowledged treaty right to fish when and where they want. They did so in the face of opposition from local non-Indigenous fishermen and stalled negotiations with the federal government.

Commercial non-Indigenous fishermen say the band should not be allowed to fish during a season that is closed to the other fishermen and that doing so will damage the lobster stock.

Fisheries experts say the Indigenous fishery is too small to have any significant impact.

With the injunction, the judge prohibited anyone from restricting members of the Sipekne’katik access to, or use of, the wharf in Saulnierville, N.S., the wharf in Weymouth, N.S., or the lobster pound in New Edinburgh, N.S., as well as areas surrounding those locations.

Sipekne’katik Chief Mick Sack said recent vandalism and the loss of potential sales have cost the band more than $1.5 million. The interim injunction, among other things, specifically prohibits any intimidation of prospective buyers of the band’s lobster.