February 7: Bridgewater Provincial Court
Ashton Bernard, 34, from Eskasoni First Nation
Arden Bernard, 25, from Eskasoni First Nation
Rayen Francis, 25, from Pictou Landing First Nation
Zachery Nicholas, 37, from Pictou Landing First Nation
A provincial court judge in Bridgewater, N.S. confirmed that a sentencing circle has been scheduled for one of four Mi’kmaw fishermen charged with illegally fishing for lobster during a closed commercial season.
Judge Paul Scovil said in court on February 7 that the sentencing circle for Ashton Bernard will occur on February 22, 2024, in his home community of Eskasoni First Nation in Unama’ki (Cape Breton).
Judge Scovil also issued bench warrants for Rayen Francis and Zachery Nicholas who did not appear in court on Wednesday. A previous bench warrant was issued in November 2023 for 25-year-old Arden Bernard, Ashton’s brother, for not appearing in court.
Federal crown attorney Mark Donohue informed Judge Scovil that he has been unable to connect with the Mi’kmaw Legal Support Network regarding Francis and Nicholas to coordinate the sentencing circle.
Ashton and Arden Bernard are from Eskasoni while Rayen Francis and Zachery Nicholas are from Pictou Landing First Nation near New Glasgow, N.S.
All four Mi’kmaw fishermen are charged with three counts of fishing for lobster during a closed commercial season and one count of violating an Aboriginal communal fishing license.
The alleged offences occurred at Pinkney’s Point in Yarmouth County on Sept. 6-7, 2019. The fishermen were officially charged on May 19, 2020.
The fishermen had initially launched a constitutional challenge against the charges, arguing they have a constitutionally protected treaty right to catch and sell fish to earn a moderate livelihood. However, that challenge was abandoned after their lawyer, Michael McDonald, withdrew from the case.
