A Nova Scotia judge has dismissed a lawsuit brought by a lobster fishing group challenging the treaty rights of the Sipekne’katik First Nation to fish for lobster commercially out of season and without a licence.

In a ruling issued Wednesday, Nova Scotia Supreme Court Justice Ann Smith determined that the Unified Fisheries Conservation Alliance (UFCA) lacked standing, and that the court did not have jurisdiction to hear the matter. The UFCA had argued that the First Nation’s fishing activities in St. Mary’s Bay since 2010 violated federal regulations, harming lobster stocks by conducting commercial harvesting outside the regulated season without federal approval.

The Sipekne’katik First Nation has maintained that its treaty rights, as established in the Peace and Friendship Treaties of 1760-61, allow it to fish for lobster commercially without requiring federal permits. Justice Smith found that the UFCA’s claim was “fatally flawed” because it did not dispute any action taken by the government or challenge any specific law, and the court could not adjudicate issues involving treaty rights that do not implicate the plaintiffs directly.

Further, the decision cited precedents from the Supreme Court of Canada emphasizing that matters concerning treaty rights must be resolved through negotiations between First Nations and the federal government, rather than through adversarial court proceedings. Justice Smith highlighted the “special relationship” between the Crown and Indigenous peoples in addressing Aboriginal and treaty rights, underscoring the importance of dialogue and government engagement over litigation in these cases.

The ruling effectively upholds the Sipekne’katik First Nation’s right to continue its lobster fishery under the terms of historic treaties, while signaling that challenges to such rights need to be directed through government channels rather than outside industry groups seeking court intervention.