A Mi’kmaw fisherman from Nova Scotia is seeking permission from a provincial court judge to challenge fishery offences against him on constitutional grounds.
Cory Francis, 53, from the Acadia First Nation near Yarmouth, N.S. argues that his aboriginal and treaty rights to catch and sell American eels are constitutionally protected and the charges against him should be dismissed.
Section 35 of the 1982 Constitution Act states that “the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.”
Before Francis can present that argument in a trial, a judge first needs to approve his notice to the court regarding his constitutional challenge.
According to court documents, Francis and seven other Mi’kmaw fishermen from Sipekne’katik First Nation, Millbrook First Nation and Eskasoni First Nation were charged a year later with illegally fishing for eels under ten centimetres. Francis was charged with two counts of violating the Fisheries Act.
If found guilty, each fisherman could face a fine of up to a maximum of $500,000 and/or two years in prison for each count.