This case involved and an aboriginal lobster fisherman from New Brunswick who was charged with obstructing a fisheries officer. At a pre-trial application, the fisherman applied to have state funded counsel appointed to conduct a defence based upon aboriginal rights that was estimated to cost approximately one million dollars. After reviewing the authorities, the court ordered a stay of proceedings …Full Summary
These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: email@example.com CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
R v. Bartibogue, 2002 NBQB 147
This case involved and a number of aboriginal fishermen from New Brunswick who were charged with obstructing a fisheries officer and a number of other offences related to attempting to enforce their Marshall type claim to treaty rights to fish for lobster. At the Provincial Court level a successful pre-trial application was brought in the case of R. v. Dedam …Full Summary
R v. Peter Paul, 2002 NSPC 25
This case involved illegal fishing charges against two First Nations defendants who wished to assert a defence based upon a Marshal type treaty right. Upon reviewing all of the facts, the court distinguished R. v. MacDonald  N.S.J. No. 368 (N.S.C.A.) (digested herein) and granted state funded assistance on the basis of the test set out in R. v. Rowbotham …Full Summary