Aboriginal Communal Fishing Regulations

These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.

Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.

Aboriginal Communal Fishing Regulations - Invalid to the extent that they authorize fishing for commercial purposes - Offences

R v. John Martin Cummins, No. 93472-01 (Surrey Prov. Ct.)

In Aboriginal Rights/Defences, Fish Cases, Offences on July 16, 2012 (Updated July 16, 2012)

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 …

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R v. Joe, 2000 BCSC 1100

In Aboriginal Rights/Defences, Fish Cases, Miscellaneous, Offences on July 16, 2012 (Updated July 16, 2012)

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 …

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