This is a aboriginal fishing rights case where the justification stage of the proceeding was delayed until after the parties had had an opportunity to consult and negotiate accommodation of a declared right to fish any species within their fishing territories (other than for geoduck clams later excluded by the Court of Appeal). Prior to completion of the justification hearing …
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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.
R v. Langan, 2013 SKQB 256
K'omok First Nation v. Canada (A.G.), 2012 FC 1160
This cased involved a challenge by the K’omoks First Nation (“FN”) with respect to the granting of four aqua-culture licences issued to non-members of the FN in its claimed traditional territory in 2010 shortly after the Federal Government took over jurisdiction for regulating aqua-culture following the Morton decision. It also involved a challenge to the Minister of renewal of these …
Full SummaryKwicksutaineuk Ah-kw A-mish First Nation v. Canada (A.G.) et al., 2012 FC 517
This was an application for judicial review that was a direct consequence of the Morton decision that held the provincial regulatory regime over fin fish aquaculture was constitutionally invalid. As a result of this decision, the federal government was given one year to consider and put into place a regulatory regime over aquaculture in B.C. This meant approximately 680 provincial …
Full SummaryR v. Armstrong, 2012 BCCA 242
R v. Reid and Gladstone, 2006 BCPC 219
This case involved charges of offering to sell sablefish not caught under the authority of a aboriginal fishing licence. Given a total delay of 63 months and an unjustified delay of at least three years along with prejudice to the accused’s security of person, a stay of proceedings was granted.
Full SummaryAhousaht Indian Band and Nation v. Canada (Attorney General), 2011 BCCA 237
This case involved a claim by five Nuu-chah-nulth ("NCN") First Nations with territories situated on the west coast of Vancouver Island to a wide range of aboriginal fishing rights over a large geographical area including submerged lands extending 100 nautical miles into the ocean and rivers. After a lengthy trial, the trial court: (1) Granted a judgement declaring an aboriginal …
Full SummaryR v. Quipp, 2011 BCCA 235
Lax Kw'alaams Indian Band v. Canada (Attorney General), 2011 SCC 56
This case involved a claim by a group of Coast Tsimshian First Nations located near Prince Rupert, B.C.) for a declaration of entitlement to harvest all species of fish, shellfish and aquatic plants in their tribal territories and sell them on a commercial scale. The trial and related proceeding took 125 days resulting in a trial judgement that was released …
Full SummaryKwicksutaineuk/Ah-Kwa-Mish First Nation v. Canada (Attorney General), 2012 BCCA 193
Editor’s Note: As of August 2012, an appeal to the Supreme Court of Canada is pending.
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