The Supreme Court of Nova Scotia has dismissed a claim brought by a fisheries group that sought a judicial ruling on lobster treaty rights, according to a decision released July 8, 2026.
Court rejects challenge to Indigenous fishing rights
The case, filed by the Maritime Fishermen's Union, asked the court to clarify the scope of treaty rights for Indigenous fishers in the region. The union argued that current interpretations of the treaties were too broad and threatened the sustainability of the lobster fishery.
Justice Ann Smith ruled that the court did not have jurisdiction to issue the declaratory relief sought. She stated that the issues raised were more appropriately addressed through regulatory and political processes, not through the courts.
Background of the dispute
The dispute stems from ongoing tensions between commercial and Indigenous fishers over lobster fishing rights, particularly in southwestern Nova Scotia. The Maritime Fishermen's Union represents about 1,200 commercial lobster fishers in the province.
In 2020, the Supreme Court of Canada affirmed the Mi'kmaq treaty right to fish for a moderate livelihood in the Marshall decision. Since then, there have been conflicts over the implementation of that right.
Impact on fisheries management
The dismissal means that the current regulatory framework will continue to govern lobster fishing. The federal Department of Fisheries and Oceans has been working on a moderate livelihood fishery plan, but it has not yet been finalized.
According to the union's lawyer, John Doe, "We are disappointed with the decision, but we will continue to advocate for a sustainable fishery that respects all users."
The Nova Scotia government has expressed support for a collaborative approach to resolving the issues.
