The Supreme Court ruled that East Coast Indigenous communities have the right to fish for a moderate livelihood, citing peace treaties signed by the Crown in the 1760s. A subsequent clarification of the court's decision, however, also affirmed Ottawa's right to regulate the fishery to ensure conservation of the resource.

Bernard said he believes the first portion of the Supreme Court decision will prevail.

"The highest court in Canada affirmed our treaty rights and we're allowed to fish under a moderate livelihood," he said. "I wasn't going to wait around for the government to tell us when to fish or not.

"I told the boys, 'Let's go out and see how it goes,' and now we're into court."