Tim Horton's Antigonish

Potlotek First Nation Files Notice of Intended Lawsuit Against the Province

The Potlotek First Nation has filed notice of an intended lawsuit against the province over its right to sell seafood caught through its moderate livelihood fishery. Potlotek launched its self-regulated lobster fishery last October in St. Peters Bay.

In a release from the Assembly of Nova Scotia Mi’kmaw Chiefs, it says the legal notice was sent to the province by Chief Wilbert Marshall on behalf of his community and Potlotek community harvester Michael Basque.

The notice says provincial regulations infringe on Potlotek’s treaty rights protected under the Constitution Act, to sell, purchase, and process fish. The notice also says it also prevents M’ikmaq fishers from meaningfully exercising their Treaty Right to fish for a moderate livelihood. The assemly says the provincial regulations also violates a section of the Canadian Charter of Rights and Freedoms

Once a notice is sent, a lawsuit can be filed with the court 60 days later.