February 20-21: Dartmouth Provincial Court
Daniel Francis, 45, from Pictou Landing First Nation
Trent Francis, 33, from Pictou Landing First Nation
A two-day trial got underway for Daniel Francis and Trent Francis in Dartmouth Provincial Court on fishery obstruction charges.
Both men, who are members of the Pictou Landing First Nation near New Glasgow, N.S. are charged with obstructing a fishery officer while they were transporting lobster from a wharf in Saulnierville, N.S. to a facility near Popes Harbour, N.S., in September 2021.
They pleaded not guilty to the charge, arguing they have a treaty right to catch and sell fish to earn a moderate livelihood.
During the trial, the court heard testimony from two fishery officers who followed Daniel and Trent Francis from Saulnierville until they reached Popes Harbour on the evening of September 11, 2021. They testified that while they kept the two men away from their truck while they inspected it, they were never placed under arrest.
However, Daniel Francis, who testified in his defence, told the court that he and Trent Francis were placed under arrest and denied their right to seek legal counsel for more than 40 minutes. A video that Daniel took with his cell phone played in court showed a fishery officer telling Daniel and Trent Francis that they were under arrest.
Judge Brad Sarson reserved his decision until March 22.
February 21: Bridgewater Provincial Court
Tristen Bernard, 26, from Eskasoni First Nation
Thomas Johnson, 32, from Eskasoni First Nation
Tristen Bernard and Thomas Johnson from Eskasoni First Nation were arraigned in Bridgewater Provincial Court on Feb. 21 for fishing for elver eels, or baby eels, without authorization.
Bernard and Johnson are each charged with Fisheries Act offences for violating a Fisheries Management Order that prohibited fishing for eels measuring less than ten centimetres in length and possessing elver eels without authorization.
The alleged offences occurred along the East River in Lunenburg County on May 16, 2023. The Mi’kmaw men were officially charged on January 11, 2024.
Judge Catherine Benton adjourned the case until March 15 to give the fishermen more time to contact the Mi’kmaw Legal Support Network to review their legal options.
February 22: Digby Provincial Court
Jordan Chasse, 31, from Sipekne’katik First Nation
Levi Toney, 29, from Sipekne’katik First Nation
The lawyer for Jordan Chasse and Levi Toney, both members of the Sipekne’katik First Nation, appeared on their behalf in Digby Provincial Court on February 22.
Jordan Chasse, 31. is charged with lobster fishing during a closed commercial season and failing to report lost or stolen lobster or fishing gear within a 24-hour period.
According to court documents, Chasse allegedly committed the offences on June 28, 2022, at or near St. Mary’s Bay in southwestern Nova Scotia. He was officially charged on January 12, 2024.
Levi Toney, 29, is charged with four counts of lobster fishing during a closed commercial season.
According to court documents, the alleged offences occurred in St. Mary’s Bay on August 16, 2021, but he was officially charged on November 10, 2022.
Michael McDonald, the fishermen’s lawyer who is also the Treaty Fishery manager with Sipekne’katik, informed Judge Timothy Landry that he intends to apply for a stay of charges against his clients.
Judge Landry granted McDonald’s request for a two-month while he prepared his application.
Chasse and Toney’s next court appearance is on April 22.
