This is a case that was commenced in 2003 and since then has undergone a 100 plus day trial, at least three appeals to the B.C.C.A. and three appeals to the SCC. Earlier decisions are digested on this site. A condensed summary of the April 2021 decision as prepared by the B.C. Court of appeal is set out below. The …
Full Summary
These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: brad@marine-law.ca CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Ahousaht First Nation v. Canada (Fisheries, Oceans and Coastguard), 2019 FC 1116, 2019 FC 1116
This case involved an application for an interlocutory injunction by five of the 14 Nuu-chah-nulth group located on the West Coast of Vancouver Island. The injunction was for the increase of their allocation of AABM chinook salmon of at least 5,000 additional pieces. In a lengthy decision (65 pages), the court rejected that application on the grounds that: (a) The …
Full SummaryAhousaht Indian Band and Nation v. Canada (Attorney General), 2018 BCSC 218
INTRODUCTION This case involved a claim by five Nuu-chah-nulth First Nations with territories situated on the west coast of Vancouver Island to a wide range of aboriginal fishing rights over a large geographical area including submerged lands extending 100 nautical miles into the ocean and rivers. After a lengthy trial, in 2009 the trial court: (1) granted a judgement declaring …
Full SummaryR v. Martin, 2016 NSPC 14
The summary as included in the judgement is as follows: Beginning in 1994 and in each ensuing year the federal Department of Fisheries and Oceans entered into Agreements with the Waycobah First Nation concerning, among other things, a food, social and ceremonial fishing allocation to members of that aboriginal community. These Agreements emanated from an Aboriginal Fishing Strategy created in …
Full SummaryAhousaht Indian Band and Nation v. Canada (Attorney General, 2015 BCSC 2166
This is a aboriginal fishing rights case where the justification stage of the proceeding was delayed until after the parties had had an opportunity to consult and negotiate accommodation of a declared right to fish any species within their fishing territories (other than for geoduck clams later excluded by the Court of Appeal). Prior to completion of the justification hearing …
Full SummaryMinister of Fisheries and Oceans v. Ahousaht First Nation et al., 2014 FCA 211
This case involved the appeal of a decision of the Federal Court issued on 28 February 2014 restraining the Minister of Fisheries from opening a commercial herring roe fishery(digested on this website). Since the commercial herring fishery was completed before the Crown requested an expedited appeal in June of 2014, the court ruled that there were no factors that would …
Full SummaryMarion et al. v. Perley et al., 2015 NBQB 147
This case involved an alleged agreement whereby the plaintiff paid a First Nation for the exclusive right to manage and operate its commercial fisheries for the 2013, 2014 and 2015 fisheries. The agreement allegedly gave the plaintiff full control over the commercial fishery operations, the right to lease licences at will from the First Nation and be the designate as …
Full SummaryMalonie v. Shubenacadie Indian Band, 2014 FC 129
The applicant band member obtained a bank loan to purchase a fish boat upon the assurance of her Band Council that she would be given use of a communal snow crab licence and quota for a period of six years. She purchased the fish boat and had use of the licence and quota for three years. The Band then assigned …
Full SummaryR v. Bavin, 2013 NSSC 434
This case involved a aboriginal fishing rights defence to a charge of illegal gillnet fishing. Upon summary conviction appeal, the appeal court upheld a decision rejecting the aboriginal defence upon the grounds that the accused did not establish the date of effective control by Europeans at the required time.
Full SummaryAhousaht Indian Band v. Canada (Minister of Fisheries and Oceans), 2014 FC 197
In this case the applicants were a group of five First Nations located on the West Coast of Vancouver Island who had recently had their right to to fish and sell fish affirmed by the Supreme Court of B.C. with the issue of justification and infringement to be later determined. When affirming this right, the court had given the parties …
Full Summary