'DFO has to uphold the law'

Commercial fishermen have complained for weeks that members of the First Nation are carrying out large-scale and out-of-season commercial fishing, which is not authorized by the government. The commercial lobster fishing season in the area will officially open later this fall.

"This is a problem that needs to be stopped and it needs to be regulated. DFO has to uphold the law," said Jason LeBlanc, a fisherman in lobster fishing area 34, which includes St Marys Bay.

"I mean the [food, social and ceremonial] tags, we recognize that, but you can't go and catch 10,000 pounds a night on a FSC tag. There's no way. You see what happened in 2020," LeBlanc told Radio-Canada on Saturday.

The incident is the latest flashpoint over First Nations fishing.

Rejecting Canadian government authority

The Sipekne'katik First Nation does not accept federal government authority to regulate the treaty right to fish for a moderate living. The treaty right was affirmed by the Supreme Court of Canada, which also gave final responsibility to the minister of Fisheries and Oceans to manage fish stocks.

The conflict erupted in riots in 2020 after the Sipekne'katik launched its own commercial "moderate livelihood" fishery in St. Marys Bay. The department later issued an edict that moderate livelihood fishing would only be permitted with plans it approves within commercial seasons.

In July, the Sipekne'katik again launched a moderate livelihood treaty fishery in St Marys Bay.

DFO seized traps and Sipekne'katik responded with a lawsuit against the department claiming it was infringing on its treaty rights.

'Exercising our treaty right'

The belief Canada has no right to interfere with moderate livelihood fishing has become an article of faith for many First Nations fishermen — whatever the Supreme Court ruled.

"We're treaty fishing. We're fishing a food, social ceremonial licence provided to us by the Sipekne'katik Band. We're just trying to get food for our people and make a little bit of a living and exercise our treaty right. That's the main thing in being here," Sipekne'katik member Keagan Sack said on Saturday in Saulnierville.

"We're here trying to provide a future for our kids and future for our families," Sack said.

On Monday, Cpl. Chris Marshall said the RCMP is patrolling, engaging with the communities and is ready to call in reinforcement from other detachments if needed.

He said that on Saturday, Mounties from Meteghan RCMP, Digby RCMP, Yarmouth Town RCMP, Annapolis District RCMP, Kings District RCMP, Barrington RCMP and RCMP Traffic Services were present at the Saulnierville wharf.

"That is something that we're continuing to do and that is part of our operational planning when it comes to this. So the biggest thing to take away is that we have the resources to try and continue to promote public safety and try to deal with any issues as they come up," said Marshall. "The biggest thing is that violence and any criminal activity is not going to be tolerated."

DFO monitoring situation

Tim Kerr, DFO director of conservation and protection in the Maritimes, said the department is monitoring legal and illegal lobster fishing in St. Marys Bay.

The legal food, social and ceremonial fishery by First Nations does not permit the sale of the catch.

"We are working as well to verify that lobster is not being sold by the individuals who take part in the FSC fishery. So we've got verification of the fishing part of that fishery on the water and on land. And then we are also working as well to look at where the lobster is processed," Kerr said Monday.

He said this year has seen a similar level of fishing activity compared to years past.

Sipekne'katik Chief Michelle Glasgow was in Saulnierville during the incident but declined to comment.

On Monday, Ellen Marshall, communications manager for Sipekne'katik First Nation, said: "There is no comment at this time."