These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.

Readers are urged to consult CanLii for updates to the cases digested on this site.

Malonie v. Shubenacadie Indian Band, 2014 FC 129

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on (Updated )

The applicant band member obtained a bank loan to purchase a fish boat upon the assurance of her Band Council that she would be given use of a communal snow crab licence and quota for a period of six years. She purchased the fish boat and had use of the licence and quota for three years. The Band then assigned …

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Ahousaht Indian Band v. Canada (Minister of Fisheries and Oceans), 2014 FC 197

In Aboriginal Rights/Defences, Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on (Updated )

In this case the applicants were a group of five First Nations located on the West Coast of Vancouver Island who had recently had their right to to fish and sell fish affirmed by the Supreme Court of B.C. with the issue of justification and infringement to be later determined. When affirming this right, the court had given the parties …

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Pilfold Estate v. v. R, 2014 FCA 97

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

This case involved an exemption claimed by a roe-on-kelp and herring roe fisher who was a status Indian from the Musqueam First Nation. After applying the connecting factors test, the court did not allow the exemption that company minute books were kept on the reserve. Some of these factors included: "The fishing boat and fishing equipment were kept off reserve. …

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Neskonlith Band v. Canada (Attorney General), 1997 CanLII 6173

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

This case involved an application by an Aboriginal group fishing in the Thompson river system for an order suspending a D.F.O. variation order and substituting a court order providing for non possession and non retention of coho salmon in the British Columbia sport fishery. The application was attended by a number of intervenors. The court found that the Applicant had …

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Yale First Nation v. HMTQ In Right of Canada et al, 2001 BCSC 746

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on (Updated )

Yale First Nation v. HMTQ In Right of Canada et al 2001 BCSC 746 This case involved an alleged agreement between the Yale First Nation and the Minister of Fisheries to allow a pilot sale fishery in the year 2000 pursuant to the Aboriginal Communal Fishing Licence Regulations. In an application for summary judgment under Rule 18A, the Yale First …

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