Despite trying to appeal their case, a Nova Scotia First Nation still must pay thousands in legal costs to a commercial fishing group.

Sipekne’katik First Nation appealed that decision, but their appeal was denied last week by the Nova Scotia Court of Appeal, according to a written decision.

Sipekne’katik launched a lawsuit in 2021 against DFO and the attorney general after their lobster traps were seized in St. Mary’s Bay.

They were arguing that the fisheries act did not apply to their right to a moderate livelihood and that they were operating a self-regulated treaty lobster fishery in the bay for years.

But they dropped the case in 2025.

The Unified Fisheries Conservation Alliance (UFCA) was an intervener in the case, and they applied to get legal fees covered afterwards.

At the time, President of UFCA, Colin Sproul called the ruling a major victory.

“Justice Keith recognized our organization as an active and known entity representing the commercial lobster industry,” said Sproul. “He also affirmed that UFCA has a direct and meaningful interest in questions around First Nation rights and equitable sharing of the fishery resource.”

He added, considering they were an intervenor, being awarded court costs is “exceptional circumstances” and directly related to the “poor conduct” by Sipekne’katik cancelling the night before two separate discoveries.

The court ruled in the alliance’s favour, agreeing that the First Nation had acted with poor conduct.

Sipekne’katik tried to appeal the verdict. However, that appeal was denied last week.

They must pay the fisher’s alliance the original order of $15,000 in legal fees, but the Court of Appeal added another $6,000 to cover additional fees for the Court of Appeal hearing.

–with files from Caitlin Snow