Commercial elver fisher accuses Indigenous groups of poaching

A legal battle is brewing in southwestern New Brunswick between a licensed commercial eel fisher and some First Nations fishers. 

Mary Ann Holland, who has been fishing elvers since 1988, is accusing several Indigenous groups and individuals of poaching elvers in waterways where she has exclusive rights to fish. 

She has applied to the Court of Queen's Bench for an injunction to stop them from fishing and from threatening and intimidating behaviour toward her fishers. 

The parties were in court on Wednesday, but lawyers recently hired by some defendants requested more time. As a result, the hearing was adjourned until May 13. 

On April 29, the defendants were ordered by the judge to stop "threatening, coercing, harassing or intimidating" the plaintiff and the plaintiff's fishers. The defendants were also ordered to stop fishing the plaintiff's designated watercourses and "ordering, directing, persuading, aiding, abetting and encouraging" others to do so. 

But in an affidavit filed with the court on May 3, Holland said the defendants were back on the water the same day the judge made the order. In fact, Holland said an even larger group was present late on April 29 when she and her lawyer, Barry Morrison, arrived at the Magaguadavic River to deliver copies of court documents

According to the statement of claim, Holland's commercial licence gives her "exclusive rights" to fish elvers in a number of waterways in southwestern New Brunswick

Holland operates the fishery under co-plaintiff's Brunswick Aquaculture and Alder Seafood. 

"As indigenous people, in addition to receiving funding from the Government of Canada, the Maliseet are entitled to engage in a limited moderate livelihood commercial fishery in their traditional territory to secure necessaries …," according to the statement of claim.