Claiming that Canada's Department of Fisheries and Oceans (DFO) have infringed upon treaty rights affirmed in the Marchall case (R. v. Marshall [1999]), the Potlotek Fist Nation filed suit on May 11 in the Supreme Court of Nova Scotia .
According to a news release Tuesday, Potlotek says "Constitutionally protected Treaty Right to fish for a moderate livelihood, have continued to be met with obstacles and challenges" at the hands of DFO.
The suit challenges the validity of the DFO regime in its limitations of Mi’kmaw livelihood harvesting activities.
“We are filing for a declaration that the Fisheries Act and Regulations are invalid as against authorized Mi’kmaw harvesters who are in compliance with our community’s Livelihood Plan,” said Chief Wilbert Marshall, Potlotek First Nation. “Our harvesters have a right to be out on the water and that right was affirmed by the highest court in the country. DFO continues to put limitations on our livelihood fishery, when they have no justification or position to.”
The Assembly of Nova Scotia Mi’kmaw Chiefs are supporting Potlotek First Nation in their efforts to fight what they describe as DFO's limitations on their fishery.
In the suit, Potlotek is also asserting that DFO’s Conservation and Protection (C&P) Branch have no jurisdiction to take any steps against approved community livelihood harvesters. The release says that "authorized community harvesters" were met with continued harassment and seizures on opening day of Potlotek’s 2021 spring fishery.
“Our harvesters are exercising their Treaty Rights and should be able to do so without C&P harassing them. DFO continues to try to keep our harvesters from creating a livelihood – which they are legally entitled to do to get themselves and our communities out of poverty. At this point, it appears that DFO only wants to continue to oppress our people,” added Chief Marshall.
