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New Brunswick’s highest court has shed light on an important decision it made in a lawsuit against alleged poachers accused of stealing baby eels.
They recorded the licence plate numbers of their parked vehicles in southwestern New Brunswick and demanded that the province tell them who owned them so that they could be sued. Holland says she has exclusive fishing rights for elvers, or baby eels, in that area.COMMENTARY: Don’t penalize lawful elver fishers
Writing for the panel on March 28, Justice Charles LeBlond said it was not an unreasonable invasion of a third party’s privacy, given the circumstances. Holland, he said, had a right to get the information because she had done her utmost to identify the alleged poachers, most of whom were masked and hiding their identities.
She’s also taken legal action against Ottawa for the way it has managed the lucrative fishery in the Maritimes, whose seasons have been shortened or cancelled in three of the last five years over concerns about poaching and violence on the water, including this year’s season. One such arrest last week in Shelburne County in southwest Nova Scotia led to protests. Two Mi’kmaq fishermen say they were forced to walk in socked feet for hours along a rural road in the middle of the night after they were arrested by federal fisheries officers who took their hip waders, boots and phones before releasing them.
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