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.

Ahousaht Indian Band v. Canada (Attorney General), 2021 BCCA 155, 2021 BCCA 155

In Aboriginal Rights/Defences on

This is a case that was commenced in 2003 and since then has undergone a 100 plus day trial, at least three appeals to the B.C.C.A. and three appeals to the SCC. Earlier decisions are digested on this site. A condensed summary of the April 2021 decision as prepared by the B.C. Court of appeal is set out below. The …

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R v. Bavin, 2013 NSSC 434

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

This case involved a aboriginal fishing rights defence to a charge of illegal gillnet fishing. Upon summary conviction appeal, the appeal court upheld a decision rejecting the aboriginal defence upon the grounds that the accused did not establish the date of effective control by Europeans at the required time.

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