Marshall v. Regina, [1999] 3 SCR 456

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

This case involved a Mikmaq Indian who was charged with fishing with a prohibited net during a closed period and selling fish without a licence in violation of Federal fishery regulations. The main issue in the case was whether he possessed a treaty right to sell fish so as to be exempted from compliance with regulations. The Majority of the …

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R v. Huovinen et al., 2000 BCCA 427

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

This case was a test case involving a challenge to the Aboriginal Communal License Regulations. In June of 1998, D.F.O. opened a commercial fishery on the Fraser River which only members of certain Indian bands were allowed to participate in. The accused, all non aboriginals, participated in the fishery by way of protest and were charged with fishing during a …

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R v. Sutherland, 2004 MBQB 104

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

This case involved an aboriginal fisherman who delivered five pickerel caught without a commercial fishing licence to a fish plant to the account of a different fisherman holding a commercial licence. At trial, the the court gave the accused the benefit of the doubt with respect to whether or not he was "selling" the fish because he had directed the …

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R v. Anderson, 2004 BCSC 1745

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

This case involved charges of fishing during a closed time against 40 commercial fishermen who were protesting the refusal of the Department of Fisheries and Oceans (“D.F.O.”) to open the fishery. At a sentencing hearing, the court extensively reviewed the evidence regarding the extremely large run size and the inequities surrounding the Aboriginal Pilot Sales fishery that was allowed to …

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R v. Nikal, [1996] 1 SCR 1013

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

Editor’s Note: See also "Riparian Rights and Public Foreshore Use in the Administration of Aquatic Crown Land" Occasional Paper NO. 5 Revised March 1995 Province of British Columbia ( (link) [If this link does not work, the paper can be accessed by searching the British Columbia Ministry of Agriculture and Lands website] For a historical case involving upholding the public right to fish for clams …

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Neskonlith Band v. Canada (Attorney General), 1997 CanLII 6173

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

This case involved an application by an Aboriginal group fishing in the Thompson river system for an order suspending a D.F.O. variation order and substituting a court order providing for non possession and non retention of coho salmon in the British Columbia sport fishery. The application was attended by a number of intervenors. The court found that the Applicant had …

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