Editor’s note: Several of these court cases have been updated since this list was initially published on Sept. 25, 2023.
Ku’ku’kwes News has been tracking the court cases of 54 Mi’kmaw fish harvesters from Nova Scotia and New Brunswick who are before the Nova Scotia courts for fishery-related offences.
Trials are either already underway or are scheduled to begin in 23 of the cases. Several fishers have been forced to represent themselves because they were unable to hire lawyers.
Bench warrants have been issued for ten fishers for failing to appear in court.
The list below provides the names of the fishers, what they’re charged with and the status of their court cases.
Annapolis Royal Provincial Court
Albert Francis, 61, of Eskasoni First Nation
Albert Francis is charged with ten counts of violating the Fisheries Act on three separate occasions between 2014-2016.
Francis is charged with violating an Aboriginal fishing communal licence, fishing for lobster without authorization and possessing lobster caught in violation of the Fisheries Act.
The alleged offences occurred at or near the Margaretsville Wharf in Annapolis County and Sandy Cove in Digby County, N.S.
Francis pleaded not guilty to the charges. His request for government-funded counsel was denied.
In Aug. 2022, an agreed statement of facts was submitted to the court after a constitutional notice was filed to the court that he intended to use his treaty right to fish as his defence.
A trial continuance had been scheduled to take place in Annapolis Royal Provincial Court before Judge Timothy Landry on Oct. 6. However, Francis, who was representing himself, did not show up for his trial.
Judge Landry has issued a bench warrant for Francis.
Bridgewater Provincial Court
Ashton Bernard, 33, of Eskasoni First Nation, Arden Bernard, 24, of Eskasoni First Nation, Rayen Francis, 25, of Pictou Landing First Nation and Zachery Nicholas, 37, of Pictou Landing First Nation
All four men are each charged with fishing for lobster during a closed commercial season, fishing for lobster without authorization, being in possession of lobster in contravention of fishery regulations, and violating the Aboriginal Communal Fishing Licences Regulations.
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.
Michael McDonald, the fishermen’s lawyer at the time, submitted a constitutional notice to the court which stated they intended to argue they had a treaty right to catch and sell fish for a moderate livelihood.
McDonald withdrew from the case in Nov. 2022.
The fishermen have yet to retain new legal counsel so they can continue with their constitutional defence against the charges.
Zachery Nicholas appeared in court in person on Apr. 17 before Judge Paul Scovil to inform the court he was still seeking a new lawyer for his case.
Judge Scovil issued bench warrants on July 24 for Ashton Bernard, Arden Bernard and Rayen Francis for failing to appear in court.
Derek Maloney, 42 of Millbrook First Nation and Dana Sylliboy, 49, of Millbrook First Nation
Both men are charged with violating a 2020 Fisheries Management Order by fishing for elver eels, or baby eels.
The offence is alleged to have happened on Apr. 30, 2020, at the East River in Lunenburg County, N.S. The two fishermen were officially charged on Apr. 30, 2021.
Both fishermen have pleaded not guilty to the charges and have filed a constitutional notice to inform the court they intend to argue they have a treaty right to catch and sell fish to earn a moderate livelihood.
A trial is scheduled to take place on Oct. 31 with Judge Catherine Benton presiding.
Frank Gloade, 40, of Millbrook First Nation
Frank Gloade is accused of violating a 2020 Fisheries Management Order under the Fisheries Act for fishing for elver eels.
The alleged offence happened at Chester Basin in Lunenburg County on Apr. 30, 2020. Gloade was officially charged on Apr. 30, 2021.
Gloade’s lawyer, who appeared on his behalf in court on August 23, informed Judge Catherine Benton that his client does not intend to raise a constitutional defence.
Gloade’s next court appearance is scheduled for Oct. 11.
Harley Marshall, 35, of Eskasoni First Nation, Toby Condo, 52, of Millbrook First Nation, Dustin Marshall, 30, of Millbrook First Nation, Dennis Pictou, 32, of Millbrook First Nation, Lawrence Michael, 56 of Sipekne’katik First Nation, John Paul, 58, of Sipekne’katik First Nation
All six men were charged with violating a 2020 Fisheries Management Order by harvesting elver eels.
The offences are alleged to have occurred on May 5, 2020, along the East River in East Chester in Lunenburg County, N.S. The fishermen were officially charged on Apr. 30, 2021.
The fishermen appeared before Judge Catherine Benton on June 29. During that hearing, Condo and Dustin Marshall informed the court they intended to plead not guilty but would not be asserting an aboriginal or treaty right as a defence.
Their trial got underway on Sept. 21 with John Paul, Toby Condo and Harley Marshall representing themselves. During the trial, the federal crown attorney informed the court he was withdrawing the charge against Harley Marshall.
The trial is scheduled to resume on Oct. 13.
Bench warrants were issued for Dustin Marshall and Lawrence Michael for failing to appear for their trial.
Meanwhile, Dennis Pictou had pleaded not guilty and was scheduled in court to set a date for a trial. However, his lawyer indicated to Judge Paul Scovil on Aug. 30 that he was changing his plea to guilty.
Pictou’s case was adjourned until Nov. 22 while his lawyer explores the option of referring Pictou to restorative justice.
Gregory Paul, 53, of Sipekne’katik First Nation, Leander Paul, 50, of Sipekne’katik First Nation
Both men are charged with fishing for elver eels in violation of the Maritime Provinces Fishery Regulations under the Fisheries Act. They’re also charged with fishing for elver eels without a licence.
According to court documents, the alleged offences occurred near Medway River in Queens County, N.S. between Mar. 17 – Apr. 7, 2022. The two fishermen were officially charged on Feb. 7, 2023.
Both men have pleaded not guilty to the charges and have filed notice to the court that they intend to challenge the charges against them on constitutional grounds.
Their trial is scheduled to begin on May 6, 2024.
Dartmouth Provincial Court
Cregg Battiste , 31, of Eskasoni First Nation and Kevin Bernard, 27, of Eskasoni First Nation
Cregg Battiste and Kevin Bernard are each charged with failing to comply with a 2020 fisheries management order by fishing for elver eels.
The alleged offences occurred at Little Ship Harbour River in Halifax County, N.S. on May 5, 2020. The fishermen were officially charged on June 4, 2021.
Both men pleaded not guilty and have given notice to the court they intend to use their treaty right to catch and sell fish to earn a moderate livelihood as their defence.
Their trial got underway on May 2 before Judge Jill Hartlen. The trial resumes on Oct. 25.
Jordan Chasse, 31, of Sipekne’katik First Nation, William Chasse, 33, of Sipekne’katik First Nation, Zach Moody, 30, of Sipekne’katik First Nation, Michael Paul, 32, of Sipekne’katik First Nation, Robert Syliboy, 29, of Sipekne’katik First Nation
All five fishermen are each charged with violating the Fisheries Act by fishing for elver eels. Robert Syliboy is also charged with obstructing a fishery officer.
The alleged offences occurred on at or near Smiths Settlement near Musquodoboit Harbour in Halifax County, N.S. on Mar. 30, 2021. The fishermen were officially charged on Nov. 5, 2021.
The fishermen have pleaded not guilty to the charges and filed a constitutional notice with the court that they intend to argue the charges violate their treaty right to earn a moderate livelihood from catching and selling fish.
Their trial got underway on Sept. 19 in Dartmouth Provincial Court with Judge Bronwyn Duffy presiding. The trial was set to resume on Oct. 3 but Robert Syliboy was unable to attend court.
The trial was adjourned until Apr. 3, 2024.
Daniel Francis, 44, of Pictou Landing First Nation and Trent Francis, 32, of Pictou Landing First Nation
Both men are each charged with obstructing a fishery officer for transporting lobster to a facility. The alleged offence took place at Lofty Pine Road in Popes Harbour, N.S. on Sept. 11, 2021. They were officially charged on Sept. 6, 2022.
Both men have pleaded not guilty and have indicated to the court they intend to use their treaty right to catch and sell fish to earn a moderate livelihood as their defence. However, they have not filed a constitutional notice to the court.
Their next court date is scheduled for October 24 for a status update on the constitutional notice. A trial has been scheduled to begin on Feb. 21, 2024.
Digby Provincial Court
Jordan MacKenzie, 33, of Sipekne’katik First Nation
Jordan MacKenzie is charged with ten fishery violations, including fishing for, catching and possessing lobster in Lobster Fishing Area 34 during a closed commercial season, possessing undersized lobster, and violating an Aboriginal communal fishing licence.
The alleged offences happened in Weymouth in Digby County, N.S. on November 25, 2018. MacKenzie was officially charged on October 29, 2019.
MacKenzie pleaded not guilty and informed the court he was exercising his treaty right to earn a moderate livelihood. His trial got underway on February 9 before Judge Claudine MacDonald. MacKenzie defended himself in court.
Judge MacDonald has given MacKenzie time to find a lawyer to help him with submitting a constitutional notice before setting more dates for his trial.
MacKenzie’s next court appearance is scheduled for Nov. 9.
Matthew Cope, 37, of Millbrook First Nation
Matthew Cope is charged with fishing for lobster in an area closed for the season, in possession of lobster traps aboard his vessel during a closed commercial season, fishing for lobster without authorization and not having the proper lobster tags.
The alleged offences happened near Digby, N.S. on Aug. 29, 2020. Cope was officially charged on Feb. 26, 2021.
Cope has pleaded not guilty to the charges and has filed a constitutional notice stating he has a treaty right to catch and sell lobster to earn a moderate livelihood.
Cope’s trial got underway in Nov. 2022 in Digby Provincial Court before Judge Claudine MacDonald.
His trial resumes on May 27, 2024, in Digby Provincial Court.
George Denny, 44, of Eskasoni First Nation, Jonathan Johnson, 42, of Eskasoni First Nation, Jordan Chasse, 31, of Sipekne’katik First Nation and Colin Peter-Paul, 29, of Sipekne’katik First Nation
All four fishermen are accused of fishing for and possessing lobster in Lobster Fishing Area 34 during a closed season. They’re also charged with failing to use DFO-issued lobster tags and fishing without authorization.
According to court documents, the alleged offences occurred on Aug. 20, 2020, at or near St. Mary’s Bay, N.S. They were officially charged on May 17, 2021.
The fishermen’s trial is scheduled to begin on Dec. 4.
George Denny, 44, of Eskasoni First Nation, Nathan Toney, 43, of Eskasoni First Nation, Jordan Chasse, 31, of Sipekne’katik First Nation and Colin Peter-Paul, 29, of Sipekne’katik First Nation
All four fishermen are each charged with possessing lobster caught in contravention of the Fisheries Act and fishing for lobster in contravention of the Atlantic Fishery Regulations.
Jordan Chasse and Colin Peter-Paul are additionally charged with failing to comply with the conditions of a fishery licence by retaining more than 90 lobsters per day.
Chasse is also charged with making a false statement to a fishery officer.
According to court documents, the alleged offences occurred on Sept. 2, 2020, at or near the Weymouth Wharf on Fort Point Road in Weymouth, N.S. The fishermen were officially charged on Feb. 26, 2021.
The fishermen’s trial is scheduled to begin on Dec. 4.
Bryton Bernard, 23 of Eskasoni First Nation, Preston McDonald, 41, of Sipekne’katik First Nation, Scott Sack, 36, of Sipekne’katik First Nation and Kyle Tuplin of Sipekne’katik First Nation
All four fishermen are each charged with failing to comply with a food, social and ceremonial fishing licence by not attaching DFO-issued FSC tags to their lobster traps, fishing for lobster without authorization and having lobster traps aboard a vessel during a closed commercial season.
Scott Sack and Preston McDonald are also charged with failing to comply with an FSC licence issued to Sipekne’katik First Nation by not providing proof of designation to a fishery officer upon request.
The alleged offences occurred in St. Mary’s Bay near Weymouth, N.S. on Aug. 4, 2021. The fishermen were officially charged on Aug. 2, 2022.
All four fishermen did not appear at their court appearance on Apr. 18. Judge Timothy Landry re-issued summons for Tuplin, Sack and McDonald to appear in court.
A bench warrant was issued for Bryton Bernard on Mar. 15 for failing to appear in court.
No future court dates have been set for Tuplin, Sack, McDonald and Bernard.
Stephen Michael, 49, of Sipekne’katik First Nation
Stephen Michael is charged with obstructing a fisheries officer and failing to give the officer “all reasonable assistance” to carry out an inspection.
The alleged offences occurred at a lobster pound in New Edinburgh, N.S. on Aug. 13, 2021. He was officially charged on Sept. 29, 2021.
Michael has pleaded not guilty and a trial is scheduled for Mar. 13, 2024.
Levi Toney, 29, of Sipekne’katik First Nation
Levi Toney is charged with fishing for lobster without authorization, fishing for lobster during a closed commercial season, having a lobster trap aboard a vessel during a closed commercial season and not having valid lobster tags issued by Fisheries and Oceans Canada.
The alleged offence occurred in Lobster Fishing Area 34 in St. Mary’s Bay, N.S., on Aug. 16, 2021. Toney was officially charged on Nov. 10, 2022.
Toney was scheduled to appear in Digby Provincial Court on Dec. 12, 2022, but he did not appear. The court re-issued a summons to Toney to appear in court.
No future court dates have been set for Toney.
Cory Francis, 54, of Acadia First Nation
Cory Francis is charged with unlawfully fishing for lobster in Lobster Fishing Area 34 during a closed commercial season, and unlawfully having lobster traps onboard a vessel in LFA 34 during a closed commercial season.
The alleged offences occurred near Saulnierville, N.S. on August 20, 2021. Francis was officially charged on Sept. 13, 2022.
Judge Timothy Landry issued a bench warrant for Francis when he failed to appear in Digby Provincial Court on Mar. 15.
No future court date has been set for Francis.
Noah Johnson, 32, of Potlotek First Nation, Dennis Evans, 46, of Sipekne’katik First Nation, Rosalyne Grant, 38, of Sipekne’katik First Nation and Levi Paul, 40, of Sipekne’katik First Nation
The three fishermen and one fisherwoman are each charged with unlawfully fishing for lobster in violation of the Atlantic Fishery Regulations, having lobster traps aboard a vessel during a closed commercial season and using lobster tags not validated by Fisheries and Oceans Canada.
The alleged offences occurred in Lobster Fishing Area 34 in St. Mary’s Bay, N.S. between Aug. 23 and Sept. 3, 2021. The four fishers were officially charged on Nov. 10, 2022.
Levi Paul pleaded not guilty to the charges against him. Judge Timothy Landry has given Paul more time to find a lawyer. His next court appearance is scheduled for Nov. 14.
Judge Landry adjourned Rosalyne Grant’s court appearance until Nov. 14 when she didn’t appear in court on Sept. 25.
Johnson’s next court date is Oct. 10.
Judge Landry issued a bench warrant for Dennis Evans when he did not appear in court on Apr. 18.
No new court date has been scheduled for Evans.
Lawrence Michael, 56, of Sipekne’katik First Nation, Randy Milliea, 22, of Millbrook First Nation, Tristan Joseph, 28, of Elsipogtog First Nation, N.B. and Stanford Milliea of Elsipogtog, N.B.
The four fishermen are each charged with possessing lobster traps on board a vessel during a closed commercial season and fishing with two unregulated lobster traps.
Joseph, Michael and Stanford Milliea are also charged with unlawfully fishing for lobster and violating an Aboriginal communal fishing licence.
Randy Milliea is also charged with not using lobster tags not issued by Fisheries and Oceans Canada.
The alleged offences occurred at or near the Saulnierville Wharf in Saulnierville, N.S. on Oct. 17, 2021. The fishermen were officially charged on Oct. 11, 2022.
Randy Milliea has pleaded not guilty to the charges against him. A trial has been scheduled for Mar. 27, 2024.
Stanford Milliea is back in court on Nov. 1 for election and/or plea.
Summons to appear in court have been re-issued for Tristan Joseph and Lawrence Michael. No court dates have been set for Joseph and Michael.
Pictou Provincial Court
William Nicholas, 61, Pictou Landing First Nation and Zachery Nicholas, 37, of Pictou Landing First Nation
William Nicholas and his son, Zachery, are each charged with four fishery offences, which include fishing for and possessing lobster during a closed commercial season.
The alleged offences happened at or near Merigomish, N.S. between Oct. 5 and Dec. 6, 2019. The pair were officially charged on June 25, 2020.
Both fishermen pleaded not guilty and filed a constitutional notice to the court that the charges infringed on their treaty right to catch and sell fish to earn a moderate livelihood.
Their trial got underway on May 3 in which Judge Alain Bégin found the two fishermen had committed the fishery offences. Trial dates for the constitutional challenge were scheduled for Feb. 2024.
However, the lawyer for the fishermen notified the court on Aug. 15 that his clients no longer wished to pursue their constitutional challenge against the charges.
Instead, a sentencing circle has been scheduled to take place at Pictou Provincial Court on Dec. 8 with Judge Bégin presiding.
Port Hawkesbury Provincial Court
Jody Joseph, 48, of Elsipogtog First Nation, N.B.
Jody Joseph is charged with three fishery violations, including fishing for snow crab in Crab Fishing Area 12 without authorization.
The alleged offences occurred at or near Cheticamp in Inverness County, N.S. on Aug. 26, 2019. He was officially charged on Mar. 15, 2021.
According to court documents, Joseph asked the court to give him some time to seek legal counsel with the assistance of the Mi’kmaw Legal Support Network.
A bench warrant was issued but held when Joseph did not appear at his court appearance on Aug. 15.
Joseph’s next court appearance is scheduled for Oct. 17.
Craig Doucette, 39, of Potlotek First Nation
Craig Doucette is charged with four Fishery Act violations, which include fishing for lobster in Lobster Fishing Area 29 without authorization and during a closed commercial season.
The alleged offences occurred between Oct. 3, 2019 and May 8, 2020, in St. Peter’s Bay in Richmond County, N.S. Doucette was officially charged on January 18, 2021.
Doucette pleaded not guilty to the charges and his lawyer filed a constitutional notice to the court that he intends to argue the charges infringe on his treaty right to catch and sell fish to earn a moderate livelihood.
A spokeswoman confirmed that the Assembly of Nova Scotia Mi’kmaw Chiefs is providing additional legal support for Doucette’s defence against the charges.
Doucette’s next court date is scheduled for Oct. 17 to set a date for a trial.
Ashton Bernard, 33, of Eskasoni First Nation
Ashton Bernard is charged with four fishery offences which include fishing for lobster in Lobster Fishing Area 29 without authorization and during a closed commercial season.
The alleged offences occurred between Feb. 1 and May 7, 2020, in St. Peter’s Bay in Richmond County, N.S. Bernard was officially charged on Dec. 16, 2020.
Bernard’s next court date is scheduled for Oct. 17.
Yarmouth Provincial Court
Curtis Menge, 32 of Eskasoni First Nation, Paul Brooks, 34, of Sipekne’katik First Nation, Charlie Francis, 25, of Sipekne’katik First Nation, George Marr, 44, of Sipekne’katik First Nation and Timothy Nevin, 42, of Sipekne’katik First Nation
All four fishermen are each charged with violating a 2020 Fishery Management Order by fishing for elver eels.
The alleged offences occurred at or near Little River in Melbourne, Yarmouth County, N.S. on May 1, 2020. The fishermen were officially charged on July 17, 2020.
According to court documents, all four men were issued summons to appear in court on Jan. 11, 2021. When they did not appear in court, Judge James Burrill issued bench warrants on Mar. 29, 2021, for their arrests.
There are no upcoming court dates for the four fishermen.
Jason Lamrock, 48, of Acadia First Nation
Jason Lamrock is charged with four fishery offences, including fishing for and possessing lobster without authorization and without lobster tags approved by Fisheries and Oceans Canada.
The alleged offences occurred on July 11, 2020, in Lobster Fishing Area 34. Lamrock was officially charged on January 6, 2021.
Lamrock pleaded guilty to the charges and Judge James Burrill granted Lamrock’s request for a sentencing circle. Organized by the Mi’kmaw Legal Support Network, the sentencing circle took place in Acadia First Nation on June 29.
However, Judge Burrill dismissed Lamrock’s guilty plea from the record during court on July 25 after reading the sentencing circle report prepared by MLSN.
The sentencing report, obtained by Ku’ku’kwes News, stated that while Lamrock admitted that he violated the Fisheries Act when he caught lobster in 2020, he told the circle participants he was only exercising his treaty right to catch and sell fish to earn a moderate livelihood.
Judge Burrill said he was dismissing Lamrock’s guilty plea because he saw no evidence of a guilty plea in the sentencing circle report.
Lamrock is scheduled to return to court on Oct. 17 to set a date for trial.
Noah Johnson, 32, from Potlotek First Nation, Dennis Evans, 26, from Sipekne’katik First Nation and Levi Paul, 40, from Sipekne’katik First Nation
All three fishermen are each charged with failing to comply with a fishing licence and unlawfully possessing lobster traps on board a vessel during a closed commercial season.
Levi Paul is additionally charged with fishing for lobster without authorization.
The alleged offences happened on August 11, 2021, at or near St. Mary’s Bay, N.S. but the trio were not formally charged until Oct. 3, 2022.
Judge James Burrill issued a bench warrant for Paul and Evans when they did not appear in court on Sept. 25.
Johnson is scheduled to appear in court on Oct. 10.
