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 …
Full Summary
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.