Mi'kmaw Fishermen Face Legal Challenges in Nova Scotia Fisheries Cases

Mi'kmaw Fishermen Navigate Complex Fisheries Legal Landscape

Recent court proceedings in Nova Scotia have underscored ongoing tensions between Mi'kmaw fishing rights and federal fisheries regulations. Two significant cases involving Mi'kmaw fishermen highlight the legal complexities surrounding treaty rights and commercial fishing seasons.

Ashton Bernard's Case: Plea Negotiations and Sentencing Circle

Ashton Bernard, 34, from Eskasoni First Nation, appeared via phone in Port Hawkesbury Provincial Court on February 26 regarding fishery offences dating back to 2020. Bernard faced four charges for lobster fishing during a closed commercial season between February 1 and May 7, 2020, in St. Peter's Bay.

His lawyer, Alexander McKillop, discussed potential plea changes and withdrawal of Bernard's constitutional challenge with Judge Laurel Halfpenny-MacQuarrie. The court also considered combining Bernard's charges with those in Bridgewater for sentencing purposes.

Notably, Bernard is one of four Mi'kmaw fishermen charged in a September 2019 case near Pinkney's Point in Yarmouth County. All four previously withdrew their constitutional challenges and requested sentencing instead. A sentencing circle originally scheduled for February 22 in Eskasoni was postponed due to scheduling conflicts.

The case has been adjourned until March 27 in Wagmatcook Provincial Court.

Jordan McKenzie's Case: Constitutional Challenge Timeline

In a separate case, Jordan McKenzie, 34, from Sipekne'katik First Nation, received additional time from Digby Provincial Court to secure legal representation for a constitutional challenge.

McKenzie faces ten Fisheries Act violations related to lobster fishing during a closed season and violating an Aboriginal communal fishing license. The alleged offences occurred on November 25, 2018, in Weymouth, with charges filed October 29, 2019.

McKenzie maintains he was exercising his treaty right to earn a moderate livelihood. Following a February 2023 actus reus trial, Judge Claudine MacDonald ruled the federal crown had proven his violations. McKenzie now seeks to mount a constitutional challenge with proper legal counsel.

Both cases reflect the ongoing legal navigation of Mi'kmaw fishing rights within Nova Scotia's regulatory framework, balancing treaty obligations with commercial fishing regulations.