R v. Tommy, Nelson and Douglas

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

This case arose out of charges of drift-net fishing without a licence in the Fraser River by members of both the Cheam Indian Band the Kwantlen Band. At trial the Crown conceded a Prima Facie infringement of an aboriginal right to fish. With respect to the issue the infringement, the court applied the Sparrow test and concluded that the restriction on the aboriginal right to fish for food and ceremonial purposes was justified.