Justification Analysis on judgement declaring an aboriginal right to fish for any species of fish in the environs of their territories extending nine miles out to sea and to sell fish such fish

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.

Ahousaht Indian Band and Nation v. Canada (Attorney General), 2018 BCSC 218

In Aboriginal Rights/Defences, Fish Cases on May 28, 2018 (Updated May 28, 2018)

INTRODUCTION This case involved a claim by five Nuu-chah-nulth First Nations with territories situated on the west coast of Vancouver Island to a wide range of aboriginal fishing rights over a large geographical area including submerged lands extending 100 nautical miles into the ocean and rivers. After a lengthy trial, in 2009 the trial court: (1) granted a judgement declaring …

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