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 …
Full SummaryNunavut Tunngavik Inc. v. Canada (Minister of Fisheries and Oceans), [1998] 4 FC 405
This case involved a lands claims agreement between the Government of Canada and the Nunavut Inuit. Amongst other things, this agreement provided that the Government of Canada would "seek the advice of the NWMB (Nunavut Management Wildlife Board) with respect to any wildlife management decisions . . . which would affect the substance and the value of Inuit harvesting rights …
Full SummaryYale Indian Band v. Aitchelitz Indian Band, 1998 CanLII 8063
This case involved an application by the Fisheries Council of B.C. for intervener status. The court held that since the action was essentially a "rivalry, skirmish and contest between Indian bands over where they might catch their given allocation of salmon, this is not a case where the Fisheries Council had a legitimate interest in the outcome. To allow the …
Full SummaryMarshall v. R., [1999] 3 SCR 533
This was an application by an intervener, West Nova Fisherman’s Coalition, in the Marshall appeal to have the appeal reheard, with a stay pending appeal. Although the application was denied, the court issued reasons clarifying portions of its earlier judgment on September 17, 1999. In particular the court said as follows: (1) The Government of Canada has power to regulate …
Full SummaryR v. John Martin Cummins, No. 93472-01 (Surrey Prov. Ct.)
This was a test case involving a challenge to the aboriginal fishing strategy which allows aboriginal fishers to fish for commercial purposes under the Aboriginal Communal License Regulations. D.F.O. opened a fishery in the Fraser River for aboriginal commercial fishing and the accused, a non aboriginal (the Reform M.P. for Delta-South Richmond), set a net after advising D.F.O. of his …
Full SummaryR v. Joe, 2000 BCSC 1100
This case involved an aboriginal fisherman charged with fishing during a closed time. At issue during the trial was the requirement for notice of a regulation to all persons likely to be affected by it as required by section 11(2)(b) of the Statutory Instruments Act. At trial, the trial judge found that the communal licence issued by the fisherman’s Band …
Full SummaryR v. Seward, B.C.J. NO. 1726
This case involved four first nations accuseds, who were charged with harvesting clams in a closed area, namely, the Nanaimo estuary. At trial, evidence was led that that the Nanaimo First Nations Band and the Federal Government had entered into an agreement to suspend the treaty rights to harvest in that area because of pollutants in the area creating a …
Full SummaryCanada v. Peters, 2001 BCSC 873
This case involved three aboriginal fishermen charged with fishing the early Stuart run in the Fraser River without a licence. At trial, the Crown conceded that their aboriginal right to fish had been infringed. Accordingly, the issue before the court was whether or not the Crown was justified in imposing the closure of the fishery for conservation purposes. At trial, …
Full SummaryR v. Dedam, 2002 NBQB 90
This case involved and an aboriginal lobster fisherman from New Brunswick who was charged with obstructing a fisheries officer. At a pre-trial application, the fisherman applied to have state funded counsel appointed to conduct a defence based upon aboriginal rights that was estimated to cost approximately one million dollars. After reviewing the authorities, the court ordered a stay of proceedings …
Full SummaryR v. Bartibogue, 2002 NBQB 147
This case involved and a number of aboriginal fishermen from New Brunswick who were charged with obstructing a fisheries officer and a number of other offences related to attempting to enforce their Marshall type claim to treaty rights to fish for lobster. At the Provincial Court level a successful pre-trial application was brought in the case of R. v. Dedam …
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