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.

R v. Tommy, Nelson and Douglas, 2002 BCPC 39

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

This case arose out of charges of drift-net fishing without a licence in the Fraser River by members of both the Cheam Indian Band the Kwantlen Band. At trial the Crown conceded a Prima Facie infringement of an aboriginal right to fish. With respect to the issue the infringement, the court applied the Sparrow test and concluded that the restriction …

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