05/15/2026
Sipekne’katik First Nation has lost its appeal to not have to pay a portion of the legal costs for an organization representing commercial fishermen.
The Nova Scotia Scotia Court of Appeal dismissed Sipekne’katik’s claim that it shouldn’t have to pay the United Fisheries Conservation Alliance $15,000 toward its legal costs and tacked on another $6,000.
The UFCA had been awarded the costs by Nova Scotia Supreme Court Justice John Keith last December to go toward its expenses for seeking intervenor status in a lawsuit brought by Sipekne’katik against the attorney general of Canada.
Sipekne’katik claimed in the lawsuit that the federal government’s fisheries enforcement violated its rights under the Treaty of 1760-61 with the British Crown. The UFCA won intervenor status in the case over the objections of lawyers representing the federal government and Sipekne’katik.
The day before the discovery was to begin, which involves the interviewing of witnesses, Sipekne’katik and the federal government notified the court that they were entering into confidential nation-to-nation negotiations and wanted the action put on hold.
After those negotiations continued past the scheduled date set by Keith, the court action was restarted. But the day before discovery was to begin on the restarted action, Sipekne’katik notified the court that it was dropping the suit.
In an affidavit filed with the court, band executive director of administration Stuart Knockwood said the legal costs of the action, which at that point had reached $572,034, were unsustainable and would cut into the First Nation’s ability to pay for social programming.
The UFCA initially sought $400,000, which it claimed amounted to 66 per cent of its total legal costs.
Keith found that amount too onerous but also took issue with how the action was repeatedly started and stopped by Sipekne’katik and the Crown.
“I am highly sympathetic to the concern that (the UFCA) prepared twice for discovery examinations that were cancelled at the last minute, resulting in unnecessary waste and delay,” wrote Keith in December.
Keith awarded the UFCA $15,000.
Sipekne’katik was supported in its appeal of that award Thursday by the federal government. But the Court of Appeal overruled those parties and granted the UFCA an additional $6,000 in costs for additional legal fees incurred by the appeal.
Meanwhile, the UFCA has launched its own legal action, seeking to have the Nova Scotia Supreme Court rule on the same questions raised by Sipekne’katik in its original lawsuit: to clarify the extent of the moderate livelihood right acknowledged by the Supreme Court of Canada in R v. Marshall over 25 years ago.
Sipekne’katik and the attorney general of Canada have opposed the action, claiming that the UFCA doesn’t have standing in the matter.
“We think the fact that we were already granted intervenor status in an action Sipekne’katik withdrew, which is asking essentially the same thing of the courts as their original action did, is a strong indicator that we do have standing to represent the fishing families of the Maritimes,” said Colin Sproule, president of the UFCA.
“Especially considering that federal government lawyers admitted during testimony that the federal government does not also represent commercial fishing families in its negotiations with Sipekneka’tik even though we’re Canadians, too.”
Attorneys for the Pink Larkin law firm, which has been representing Sipekne’katik, did not immediately respond to a request for comment.
