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Nova Scotia First Nations drop fishing lawsuit in favor of new legal action – JURIST

The Potlotek First Nation and Assembly of Nova Scotia Mi’kmaw Chiefs Monday dropped their civil suit against the Canadian federal government over fishing provisions. The groups announced that they will instead focus on providing legal defense to a Potlotek harvester who was fishing under a community-approved plan.“Deciding to discontinue a lawsuit is never an easy decision,” said Chief Gerald Toney, Fisheries Co-Lead for the Assembly. “But we also recognize that in order to best protect our Treaty Rights and our netukulimk harvesters, we had to shift our support to do what’s best for all Mi’kmaw harvesters.”The Potlotek and Assembly of Nova Scotia Mi’kmaw Chiefs originally filed their lawsuit in 2020, arguing that the Fisheries Act and Regulations violated their treaty rights to.a moderate livelihood. Since then, they have not seen legal resolution and they allege that the Department of Fisheries and Oceans Canada (DFO) has continued harassing people fishing. Despite the lawsuit’s withdrawal, the Assembly is adamant that they will continue advocating for indigenous fishers in the region.“It is important that DFO understands that our harvesters have a court affirmed Right to pursue a moderate livelihood,” said Chief Wilbert Marshall. “We will continue to push for solutions so that Mi’kmaq can harvest for a livelihood without any infringement by DFO on our Treaty Rights.”