These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.

Readers are urged to consult CanLii for updates to the cases digested on this site.

Ahousaht Indian Band and Nation v. Canada (Attorney General), 2018 BCSC 218

In Aboriginal Rights/Defences, Fish Cases on (Updated )

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 …

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R v. Martin, 2016 NSPC 14

In Aboriginal Rights/Defences, Fish Cases, Miscellaneous, Offences on (Updated )

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 …

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Ahousaht Indian Band and Nation v. Canada (Attorney General, 2015 BCSC 2166

In Aboriginal Rights/Defences, Fish Cases on (Updated )

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 …

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Minister of Fisheries and Oceans v. Ahousaht First Nation et al., 2014 FCA 211

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice on (Updated )

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 …

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Marion et al. v. Perley et al., 2015 NBQB 147

In Aboriginal Rights/Defences, Contracts, Fish Cases, Fisheries Practice on (Updated )

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 …

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Malonie v. Shubenacadie Indian Band, 2014 FC 129

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on (Updated )

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 …

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R v. Bavin, 2013 NSSC 434

In Aboriginal Rights/Defences, Fish Cases on (Updated )

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.

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Ahousaht Indian Band v. Canada (Minister of Fisheries and Oceans), 2014 FC 197

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

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 …

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Pilfold Estate v. v. R, 2014 FCA 97

In Aboriginal Rights/Defences, Fish Cases, Taxation on (Updated )

This case involved an exemption claimed by a roe-on-kelp and herring roe fisher who was a status Indian from the Musqueam First Nation. After applying the connecting factors test, the court did not allow the exemption that company minute books were kept on the reserve. Some of these factors included: "The fishing boat and fishing equipment were kept off reserve. …

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