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R v. Douglas, 2007 BCCA 265

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

This case involved a dispute between the Cheam First Nation and D.F.O. over D.F.O.’s decision to open a marine sport fishery permitting retention by non-aboriginal fishers of Early Stuart sockeye. This is run of special significance to the Cheam and most of the other First Nations on the Fraser river because (1) it is the first run of the season, …

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Native Council of Nova Scotia v. Canada (Attorney General), 2008 FCA 113

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

This case involved an application for judicial review of a decision of the Minister of Fisheries to limit the permitted lobster catch under an Aboriginal Communal Food, Social and Ceremonial Licence issued to the Native Council of Nova Scotia ("NCNS"), a society that was created for the purpose of "assisting and giving a collective voice to Mi’kmaq and other Aboriginal …

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R v. Tommy, 2008 BCSC 1095

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

This case involved a number of charges of illegal fishing by members of the Cheam First Nation on the Fraser River. With respect to some of the charges, the court ruled the Crown failed to justify closing aboriginal fishing on the Fraser River at a time while the recreational fishery was still open. With respect to other charges the Crown …

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R v. Rice, 2009 BCCA 569

In Aboriginal Rights/Defences, Fish Cases, Offences, Search and Seizure on (Updated )

This case involved charges of illegal hunting and possession of moose by three aboriginal hunters. Although not a fisheries case, it is relevant to fisheries prosecutions because (1) it involved an inspection under s. 95 of the B.C. Wildlife Act, which is similar to an inspection under s. 49 of the federal Fisheries Act; (2) it applied the test formulated …

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