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.

Marshall v. Regina, [1999] 3 SCR 456

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

This case involved a Mikmaq Indian who was charged with fishing with a prohibited net during a closed period and selling fish without a licence in violation of Federal fishery regulations. The main issue in the case was whether he possessed a treaty right to sell fish so as to be exempted from compliance with regulations. The Majority of the …

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