Indigenous fisherman Cody Caplin, a member of the Eel River Bar First Nation, was in Provincial Court in Campbellton, New Brunswick, Monday morning to answer new charges of illegal fishing.
Cody Caplin was already accused of several offenses under the Fisheries Act, including fishing for lobster outside of the legal season in Chaleur Bay, near Charlo, in 2018.
He then pleaded not guilty and alleged that the charges against him were unconstitutional. According to him, treaties signed in the 18th century between the Mi’Kmaq and the British Crown gave him the right to conduct subsistence fishing.
The new charges brought against him on Monday relate to similar events that took place in Chaleur Bay in September 2020. Cody Caplin has once again pleaded not guilty.
The trial for these new charges is scheduled for November 26 and 27.
A first trial postponed
Cody Caplin’s first trial began on December 1, 2023 in Campbellton Provincial Court.
The constitutional challenge then initiated by Cody Caplin could prove decisive for Indigenous communities throughout the Maritimes.
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In 1990, a court recognized the right of First Nations to fish for food, social and ceremonial purposes. (Archive photo)
Photo: Courtesy
Cody Caplin is not represented by an attorney. However, he is accompanied by an Ontario elder and former national chief, Del Riley.
After a first postponement to mid-January, the trial, which was to continue on Thursday, was postponed again, at the request of the Crown.
A hearing will still take place on Thursday to set a new date for the continuation.
According to the report by Serge Bouchard
2024-02-13 00:03:16
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