Aboriginal Rights/Defences - Admiralty Law

Aboriginal Rights and Defences - Whether Treaty Providing that "a project shall not be submitted to more than one (1) impact assessment . . ." excludes assessment under Federal Fisheries Act and CEAA

Quebec (Attorney General) v. Moses, 2010 SCC 17

In Aboriginal Rights/Defences, Fish Cases on July 13, 2012 (Updated July 13, 2012)

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Aboriginal - Forfeiture - No Duty to pay interest on proceeds of sale of fish - Offences - Practice - Rights and Defences

Gladstone v. Canada, 2005 SCC 21

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice on July 13, 2012 (Updated July 13, 2012)

This case involved a quantity of herring spawn on kelp that was seized pursuant to s. 58(1) of the Fisheries Act (1970) and subsequently sold pursuant to s. 58(1) and paid into the consolidated revenue fund. After a successful appeal by the fishermen to the Supreme Court of Canada, the matter was eventually stayed by the Crown and the proceeds …

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Aboriginal Rights and Defences - Availability of Injunctive Relief Against the Crown - Availability of Interlocutory Relief to stop Enforcement Measures Practise - Injunctions that Finally Determine Rights Ought not be made on an Interlocutory Basis Crown Liability Judicial Review

Shubenacadie Indian Band v. Canada (Minister of Fisheries and Oceans), CanLII 16088

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved a Nova Scotia Indian Band which was relying upon the two R v. Marshall decisions (digested herein) in support of an application for an interlocutory injunction to enjoin D.F.O. from taking enforcement measures to prevent its members from participating in a Band regulated lobster fishery. The two main issues in the case were: (1)Whether the relief claimed …

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Aboriginal Rights - Judicial Review/Crown Liability

Yale First Nation v. HMTQ In Right of Canada et al, 2001 BCSC 746

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

Yale First Nation v. HMTQ In Right of Canada et al 2001 BCSC 746 This case involved an alleged agreement between the Yale First Nation and the Minister of Fisheries to allow a pilot sale fishery in the year 2000 pursuant to the Aboriginal Communal Fishing Licence Regulations. In an application for summary judgment under Rule 18A, the Yale First …

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Definition of "fishing" - Does not require the holder of the licence to use or exploit the fish that were killed Aboriginal Rights and Defences - Judicial Review/Crown Liability - Public Interest Standing

Chief Percy Williams et al. v. Minister of Fisheries and Oceans and Heritage Salmon Ltd., 2003 FCA 484

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved an application by the Chief Percy Williams on behalf of the members of the Twicksutaineuk/Ah-kwa-mish Tribes for judicial review of a decision of the Minister of Fisheries to issue a Marine Mammal Predator licence to a fish farm for the purpose of killing of problem seals and seal lions. As a preliminary matter, the court had to …

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Judicial Review and Crown Liability Aboriginal Rights and Defences - Non infringement of treaty rights by British Columbia Oil and Gas Commission

Saulteau First Nation v. British Columbia (Oil and Gas Commission), 2004 BCSC 92

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

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Approval of Amendment of fish farm licence - Judicial Review/Crown Liability - Aboriginal Rights and Defences

Homalco Indian Band v. British Columbia, 2005 BCSC 283

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

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Challenge to Shrimp Allocation Decision based on failure to give sufficient weight to Land Claims Agreement - Judicial Review/Crown Liability - Aboriginal Rights and Defences - Standing of Attorney General of Nunavut

Blaney v. British Columbia (Minister of Agriculture Food & Fisheries), 2005 BCSC 283

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This was a judicial review application challenging a decision of the Minister of Agriculture Food and Fisheries to approve an amendment of a aquaculture licence allow a change from Chinook salmon to Atlantic salmon. After hearing evidence the court granted a declaration that the Minister had a continuing duty to consult and adjourned the application for judicial review generally.

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Aboriginal Rights and Defences - Challenge to Shrimp Allocation Decision based on failure to give sufficient weight to Land Claims Agreement - Judicial Review/Crown Liability - Standing of Attorney General of Nunavut

Nunavut Territory (Attorney General) v. Canada, 2005 FC 342

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved the challenge of a decision of the Minister of Fisheries involving the allocation of the benefit of a 29 per cent increase in the total allowable catch of shrimp. This 29 per cent increase amounted to 2,127 additional tons of catch. of that 2,127 tons, all but 940 tons were allocated to Nunavut or Nunavut related interests. …

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Aboriginal Rights and Defences - Judicial Review/Crown Liability

Ahousaht First Nation v. Canada, 2007 FC 567

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved an application by group of First Nations for judicial review of a decision of the Minister of Fisheries to implement a three year pilot plan for individual transferable fishing quotas in the for rockfish, lingcod and dogfish. It was alleged by the First Nations that the Minister had failed to satisfy its duty to consult before implementing …

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