09/26/2013 01:22 EDT | Updated 11/26/2013 05:12 EST

Mi'kmaq should amend application alleging fish treaty rights not met, court says

HALIFAX - The Nova Scotia Supreme Court has ruled that a dozen Mi'kmaq communities have until the middle of next month to amend an application alleging that Canada has not met its obligation to accommodate fishing treaty rights.

The communities argued that Canada has not accommodated that right despite a Supreme Court of Canada decision in 1999 that found that Mi'kmaq have the right to harvest and sell fish to sustain a moderate livelihood for their families.

But the province's Supreme Court says the application can't go ahead because it rests on legal premises that don't accord with present law.

The court ruling, made on Sept. 18 but released today, gives the communities 30 days to file an amended application.