Application for leave to the Supreme Court of Canada was dismissed on 20 March 2012 2012 CanLII 64752 (SCC)
Full SummaryMatsqui First Nation v. Canada (Attorney General), 2012 BCSC 492
Marshall v. Regina, [1999] 3 SCR 456
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 …
Full SummaryR v. Huovinen et al., 2000 BCCA 427
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 …
Full SummaryR v. Sutherland, 2004 MBQB 104
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 …
Full SummaryR v. Jimmy, 2004 BCSC 997
R v. Anderson, 2004 BCSC 1745
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 …
Full SummaryR v. Kooktook, 2004 NUCJ 7
R v. Nikal, [1996] 1 SCR 1013
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 …
Full SummaryBallantyne v. R., 2009 TCC 325
This case involved an aboriginal fisher who fished off reserve, but delivered his fish to and on reserve fishing co-operative that acted as agent for off reserve fish marketing company. The Tax Court ruled that the fishing income was not exempt from taxation.
Full Summary