HALIFAX — A Nova Scotia First Nation says it is pulling out of talks with the federal Fisheries Department over its "moderate livelihood'' fishery.

In a letter sent Wednesday to Fisheries Minister Bernadette Jordan, Sipekne’katik Chief Mike Sack says the department has neither the "desire nor the ability" to recognize and implement the Mi'kmaq band's constitutionally protected treaty right to fish.

Sack expresses frustration with the nation-to-nation discussions and says Ottawa has tried to lump his band's treaty rights in with regulation of commercial licenses.

The chief says band negotiators provided options to achieve an agreement that would have met the needs of both parties but their proposals were continually rejected.

Sack says over the last three months of talks, Sipekne’katik has made it clear that they are committed to conservation efforts.

A spokesperson in the minister's office was not immediately available for comment.

Sack says the band would reconsider its position if there is a change in the department's approach to the development of the fishery.

"This negotiating position of ignoring the right of Sipekne’katik to implement and manage its lawful fisheries under the principles of self-government has become entrenched by officials who created a roadblock for nation-to-nation dialogue based upon mutual respect," Sack wrote.

He said discussions had reached a "critical impasse" over exercising the band's right to harvest and sell fish, which must be based on its treaty rights.

Sipekne'katik began a self-regulated fishery in the St. Marys Bay area of southwestern Nova Scotia in mid-September, citing a 1999 Supreme Court decision that affirmed the right of the Mi'kmaq to hunt and fish to earn a moderate livelihood.

Some commercial fishers took issue with the fishery, saying it had no right to harvest lobster outside the federally designated season. The dispute has led to ongoing and sometimes violent tension between Indigenous and non-Indigenous fishers in the area.

This report by The Canadian Press was first published Dec. 10, 2020.

The Canadian Press