Two Mi’kmaw fishermen from the Pictou Landing First Nation in Nova Scotia are upset with the amount of fines they received following a sentencing circle for lobster fishing out of season.
A provincial court judge fined William Nicholas and his son, Zachery Nicholas, a total of $7,000 during a sentencing circle held in their home community on Dec. 8.
“We’ve just been found guilty for exercising our rights that we thought we had and apparently we don’t,” Zachery Nicholas, 37, said following the sentencing circle.
“I guess we’re not allowed to lobster fish,” William Nicholas, 61, added. “We can’t fish for our rights, I guess, or we can’t use our treaty right to fish.”
There are more than fifty Mi’kmaw fishers before the courts in Nova Scotia charged with illegally fishing for lobster or elver eels. Nineteen fishermen are currently fighting the charges on constitutional grounds.
Of the 19 Mi’kmaw fishermen who have pleaded not guilty, only two are legally supported by Mi’kmaw leadership in Nova Scotia. They are Matthew Cope from the Millbrook First Nation and Craig Doucette from the Potlotek First Nation. Both fishermen are charged with lobster fishing during a closed season.
Five Mi’kmaw fishermen have recently decided not to challenge the charges on constitutional grounds. Instead, they have chosen to resolve their cases through restorative justice with the Mi’kmaw Legal Support Network.
Zachery Nicholas says those fishermen need to think twice before going through with the restorative justice route to resolve their matters.
“Unless you (already) got money, put some money aside in your cookie jar for your fines,” Zachery Nicholas said.
Even though they’re dissatisfied with the outcome of the sentencing circle, the pair say they will not be appealing their sentence.
“No one’s got your back. We’re by ourselves in this whole fight and the fight is not just ours. It’s the whole community’s,” Zachery Nicholas said.