HALIFAX --
A lawsuit from a Mi'kmaq First Nation in Cape Breton is alleging Ottawa breached treaty rights by prosecuting Indigenous fishers for harvesting lobster.
The statement of claim by Potlotek First Nation was put before the Nova Scotia Supreme Court on Monday. It seeks a court order to stop the federal Fisheries Department from seizing gear and undertaking other enforcement actions against the fishers.
The band cites the 1999 Donald Marshall Jr. case, where the Supreme Court of Canada interpreted 18th century treaties as providing a Mi'kmaq right to fish for a "moderate livelihood."
A clarifying decision that followed noted the Fisheries Department could infringe on the treaty right if justified for conservation or other public purposes, also suggesting the infringement should be "as little as ... possible" and that consultation with respect to the conservation measures should occur.