Commercial fisheries alliance seeks intervenor status
The Unified Fisheries Conservation Alliance (UFCA), an alliance of commercial fishery stakeholders, intends to seek intervenor status in Sipekne'katik First Nation's case against the Government of Nova Scotia. The First Nation band is challenging the regulatory regime governing the purchase and sale of fish and fish products.
The UFCA members says industry is directly affected by the relief sought by Sipekne'katik First Nation and will be seeking intervenor status to ensure the perspectives of Atlantic Canada's broad multi-species commercial fishing industry are represented during the proceedings, and that the rights and interests of the industry are protected.
“It is important that the perspective of those who work within the multi-species fisheries every day are heard and considered as part of the Court proceedings,” Colin Sproul, president of the UFCA, stated in a media release. “We want to ensure the court and parties involved in the case understand the commercial fishing
industry's perspective and the importance of the current regulatory regime.”
The UFCA believes Indigenous and non-Indigenous fishers can work side by side in the commercial fishery, under a unified conservation and fishery management regulatory regime. The UFCA says it recognizes and acknowledges that Indigenous fishers have a right to fish for commercial, food, social, and ceremonial purposes.
“We support Indigenous fishers' right to sell their catch as they do with licences and quotas they hold today, but we are opposed to anyone, Indigenous or non-Indigenous, selling fish caught outside federal or provincial regulations
related to size, season, and quota,” said Sproul. “It is essential that every community, association and fisher in the Atlantic fishery abide by the science-based rules and regulations that have been established to ensure the conservation and proper management of our fisheries for future generations.”
The UFCA is also advocating for the Government of Canada to establish clear, lasting, responsible, regulatory oversight for all fisheries.
“Clear rules, regulations, compliance, and enforcement are needed. We want to work constructively with the Government of Canada, provincial governments and First Nations to inform and understand
viewpoints and ultimately establish regulatory certainty,” said Sproul.
Pink Larkin, counsel for the Sipekne'katik First Nation, has filed a court action against the Attorney General of Nova Scotia challenging a provincial regulation that limits the purchase of fish products and infringes on the community's Treaty Rights. The regulation, the court action says, places a legal limitation on the Mi'kmaq people and the community members of Sipekne'katik to fish and trade in support of a moderate livelihood.
“As we said at the launch of our livelihood season, we could not allow another year to pass without asserting our rights and supporting our
community members as they endeavour to independently provide for their families,” Sipekne'katik Chief Mike Sack said in a media release in early February. “The fact that the provincial and federal regulations do not correlate is not our problem to solve, yet here we are filing court papers.”
The regulation being challenged specifies that fish sold in Nova Scotia must be caught and registered under a DFO commercial licence. Sipekne'katik First Nation says that directly contradicts aboriginal and Treaty rights. Sipekne'katik is asking the court to declare the existing prohibitions as unconstitutional and counter to Treaty rights.