January 22: Digby Provincial Court
Eight Mi’kmaw fishermen from Sipekne’katik and Eskasoni First Nations were scheduled to appear in Digby Provincial Court on January 22.
Levi Toney, 29, from Sipekne’katik First Nation
Levi Toney is charged with four counts of violating the Fisheries Act for lobster fishing in St. Mary’s Bay during a closed commercial season.
According to court documents, the alleged offences occurred on August 16, 2021, but Toney was not charged until November 10, 2022.
Lawyer Michael McDonald, also the Treaty Fisheries Manager for the Sipekne’katik First Nation, appeared on Toney’s behalf in court on Monday. He asked Judge Timothy Landry for more time to consult with the chief and council on representing Toney in court.
Toney’s next court appearance is scheduled for February 22.
Jordan Chasse, 31, from Sipekne’katik First Nation
Jordan Chasse was arraigned on two new fishery charges for lobster fishing during a closed commercial season.
The alleged offences occurred on June 28, 2022, at or near St. Mary’s Bay in southwestern Nova Scotia. He was officially charged on January 12, 2024.
Chasse did not appear in court but McDonald spoke on his behalf before Judge Landry. Like Toney’s case, McDonald asked for the matter to be adjourned until he speaks to the Sipekne’katik chief and council to represent him in court.
Chasse’s matter was adjourned until February 22.
Bryton Bernard, 23, from Eskasoni First Nation
Preston McDonald, 42, from Sipekne’katik First Nation
Scott Sack, 36, from Sipekne’katik First Nation
Kyle Tuplin, 35, from Sipekne’katik First Nation
Bryton Bernard, Preston McDonald, Scott Sack and Kyle Tuplin are each charged with three counts of violating the Fisheries Act by fishing for lobster during a closed commercial season. In addition, McDonald and Sack are charged with violating a food, social and ceremonial fishing licence.
According to court documents, the alleged offences occurred in St. Mary’s Bay near Weymouth, N.S. on August 4, 2021, but they were not officially charged until August 2, 2022.
McDonald, Sack and Tuplin are from the Sipekne’katik First Nation. Bernard is from the Eskasoni First Nation in Unama’ki (Cape Breton).
McDonald appeared via phone before Judge Landry. He told the judge that he has yet to receive disclosure from the federal crown.
During the hearing, the court was informed that Bernard, 23, was in custody on another matter in Sydney Provincial Court.
Judge Landry noted that Sack and Tuplin did not provide the court with phone numbers for the hearing. He issued bench warrants for both men to be held until their next court appearance.
The fishermen’s next court appearance is scheduled for March 7.
Rosalyne Grant, 38, from Sipekne’katik First Nation
Levi Paul, 41, from Sipekne’katik First Nation
Rosalyne Grant and Levi Paul are each charged with three counts of violating the Fisheries Act for lobster fishing during a closed commercial season. Both are members of the Sipekne’katik First Nation.
According to court documents, the alleged offences occurred in St. Mary’s Bay between August 23 – September 3, 2021, but they weren’t officially charged until November 10, 2022.
They were charged along with two other Mi’kmaw fishermen at the same time: Dennis Evans, also from Sipekne’katik and Noah Johnson from Potlotek First Nation in Unama’ki (Cape Breton).
Johnson, 32, pleaded not guilty and his trial is scheduled for October 15. The federal crown attorney informed the court in a previous hearing that he has had difficulty serving Evans, 46, with a summons to appear in court.
Grant, who appeared in court via phone, pleaded not guilty. She also informed Judge Landry that she needed more time to review the disclosure she received from the crown and to seek legal counsel. Landry adjourned her matter until March 7.
Paul did not appear in court. Judge Landry issued a bench warrant for Paul to be held until March 7.
January 24: Antigonish Provincial Court
Raheem Johnson, 27, from Paqtnkek Mi’kmaw Nation
Michael Julian, 64, from Paqtnkek Mi’kmaw Nation
The two Mi’kmaw fishermen appeared in Antigonish Provincial Court before Judge Nicole Rovers on January 24.
Raheem Johnson and Michael Julian are each charged with two counts of violating the Fisheries Act for lobster fishing during a closed commercial season.
The alleged offences occurred in waters near Pomquet Island on July 20, 2023. They were officially charged on October 17, 2023.
During a court appearance on January 24, both fishermen explained to Judge Rovers they hadn’t had a chance to speak with a lawyer regarding the charges.
Judge Rovers adjourned their matter until January 31.
