January 29: Port Hawkesbury Provincial Court
Ashton Bernard, 33, from Eskasoni First Nation
Lawyer Alex McKillop joined court via phone on behalf of his client, Ashton Bernard, before Judge Laurel Halfpenny-MacQuarrie for a status update.
Bernard, 33, from the Eskasoni First Nation in Unama’ki (Cape Breton) is charged with four fishery offences for lobster fishing during a closed commercial season.
The alleged offences occurred between February 1 – May 7, 2020 in St. Peter’s Bay near St. Peter’s, N.S. Bernard was officially charged on December 16, 2020.
During the brief court appearance, McKillop informed the court that he has been in discussions with federal crown attorney Denis Lavoie to resolve the matter. He requested an adjournment of up to a month so that those discussions can continue.
Judge Halfpenny-MacQuarrie adjourned Bernard’s case until February 26, 2024.
Craig Doucette, 39, from Potlotek First Nation
Craig Doucette, 39, from the Potlotek First Nation in Unama’ki (Cape Breton) is facing new fishery charges against him. He is charged with four additional Fisheries Act violations for lobster fishing during a closed commercial season.
According to court documents, the alleged offences occurred on November 15, 2022, in waters near St. Peter’s, N.S, but he was officially charged on December 21, 2023.
One of Doucette’s two lawyers, Alex McKillop, told Judge Halfpenny-MacQuarrie that he still needs to speak to Doucette to determine if he wants to merge the new charges with his current constitutional challenge before the court.
Doucette was charged with four counts of violating the Fisheries Act for lobster fishing during a closed season. The alleged offences occurred between October 3, 2019 – May 8, 2020 but he wasn’t charged until January 2021.
Doucette argues he has a constitutionally protected treaty right to catch and sell fish to earn a moderate livelihood. The Assembly of Nova Scotia Mi’kmaw Chiefs is providing legal support to Doucette’s court case.
A trial date has not been set for the constitutional challenge.
During Monday’s hearing , Doucette’s other lawyer, Renée Pelletier, told Judge Halfpenny-MacQuarrie that she and federal crown attorney, Denis Lavoie, are discussing the crown’s position that lobster is a species not covered under the Peace and Friendship Treaties. She explained she’ll need more time to call an expert to testify on this issue as well as write a report for the defence.
Judge Halfpenny-MacQuarrie agreed to adjourn Doucette’s matter until April 17 for a status update.
January 31: Bridgewater Provincial Court
Derek Maloney, 43, from Millbrook First Nation
Dana Sylliboy, 50, from Millbrook First Nation
Fishery charges against Dana Sylliboy were withdrawn on Wednesday after he completed a restorative justice circle with the Mi’kmaw Legal Support Network.
But Derek Maloney will have to wait for the status of his referral to a restorative justice circle.
Sylliboy, 50, and Maloney, 43, from the Millbrook First Nation, were charged with violating a 2020 Fisheries Management Order by fishing for elver eels, or baby eels. The alleged offences happened on April 30, 2020 at the East River in Lunenburg County, N.S., but they weren’t charged until April 20, 2021.
Both fishermen initially pleaded not guilty to the charges and filed a constitutional notice arguing they have a treaty right to catch and sell fish to earn a moderate livelihood. A trial was scheduled to take place in October 2023 with Judge Catherine Benton presiding.
However, both men withdrew their not guilty pleas before the trial and requested to have their case referred to restorative justice with the Mi’kmaw Legal Support Network.
Judge Benton adjourned Maloney’s case until February 28 for a status update.
January 31: Dartmouth Provincial Court
Louis Knockwood , 19, from Sipekne’katik First Nation
Chase Nicholas, 20, from Sipekne’katik First Nation
Charges were dismissed against Louise Knockwood and Chase Nicholas on Wednesday.
Federal crown attorney Alexia Bystrzycki informed Judge Bronwyn Duffy in Dartmouth Provincial Court that after reviewing the case, she concluded there would be no chance of a conviction.
Knockwood, 19, and Nicholas, 20, from the Sipekne’katik First Nation, were charged with violating a 2023 fisheries management order that prohibited anyone from fishing for eels under ten centimetres in length. The alleged offences happened near Tangier, N.S. on April 18, 2023 but they weren’t officially charged until October 11, 2023.
Neither Knockwood nor Nicholas appeared in court on Wednesday.
