N.S. fisherman sentenced for ‘blatant and overt’ interference in Indigenous lobster fishery | 24CA News
A Cape Breton fisherman has been fined $6,200 and ordered off the water for six months for chopping lobster traps fished by the Membertou band and obstructing fishery officers.
The sentence was handed down in a Sydney, N.S., courtroom Wednesday after Bernard Douglas MacIntyre pleaded responsible on two expenses. Two different counts have been dropped.
MacIntyre and others on his boat, Kelsey & Mitchell II, have been seen chopping traps in Sydney Harbour on the night time of Dec. 3, 2020.
The solely lawful lobster fishery underway within the space was for meals, social and ceremonial licence holders. Members of Membertou First Nation have been fishing from the Sydport wharf.
What occurred that night time
That night time, MacIntyre’s vessel had set out from the Ballast Grounds Wharf throughout the harbour in North Sydney, the place upwards of 60 individuals had gathered and between 30 to 40 autos have been parked.
MacIntyre steamed towards an space the place 32 meals, social and ceremonial lobster traps had been set earlier within the day by a Membertou fisherman.
According to the agreed assertion of info, fishery officers noticed 5 lobster traps being hauled onboard the Kelsey & Mitchell II, being minimize and dropped again into the water. Still pictures from video taken on the time clearly reveals a telltale magenta-coloured meals, social and ceremonial tag in a single occasion.
When confronted by fishery officers on the water, MacIntyre ignored repeated orders to cease and steamed again to the wharf.
Citing security considerations, officers with the Department of Fisheries and Oceans (DFO) didn’t pursue due to the big congregation onshore and variety of individuals on board MacIntyre’s boat. Officers watching the wharf famous that the doorway had been blocked by autos.
MacIntyre was arrested a day later at his house.
‘Blatant’ try and intervene in Membertou fishery
In Sydney provincial court docket, MacIntyre was fined $1,200 for obstructing fishery officers and $5,000 for tampering with traps.
Crown prosecutor Max Kruger mentioned that was the extra severe offence “given the fact that this was a blatant and overt attempt to interfere with the [food, social and ceremonial] fishery being engaged in by the Membertou First Nation.”
MacIntyre’s order to remain off the water is from July 25, 2023 to January 2024, which corresponds with the Membertou fishery.
The ban would not influence MacIntyre’s potential to fish through the lobster season however will have an effect on his groundfishing.
Kruger mentioned the prosecution is a sign the federal authorities takes Membertou’s proper to have interaction of their meals, social and ceremonial fishery critically and “to try to prevent this kind of incident from happening again.”
“It is designed to demonstrate specific and general deterrence — in this case, Your Honour — that the different interested parties in the fishery have to get along in Nova Scotia and that the FSC has their rights-based fishery, and that ought not to be interfered with by the privilege of fishery which is granted by the licensing system,” he mentioned.
Judge Diane McGrath accepted the sentence which was collectively advisable by Kruger and MacIntyre’s lawyer, Matt Fraser.
“I hope that when you did interfere with those traps, it was without the knowledge that they were set by the Indigenous fishery and that this was not part of that larger dispute that has been ongoing,” McGrath mentioned in sentencing,
“Hopefully you’ve learned the lesson that in the end you concern yourself only with your traps and your gear and no one else’s, just as you would not want anybody else to interfere with your gear.”
MacIntyre was given 30 days to pay the nice, however intends to pay it this week.
