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 …
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.
Marshall v. R., [1999] 3 SCR 533
This was an application by an intervener, West Nova Fisherman’s Coalition, in the Marshall appeal to have the appeal reheard, with a stay pending appeal. Although the application was denied, the court issued reasons clarifying portions of its earlier judgment on September 17, 1999. In particular the court said as follows: (1) The Government of Canada has power to regulate …
Full SummaryR 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 [2001] 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 SummaryR v. Houle, 2003 ABPC 107
This case involved five aboriginal defendants charged with catching and retaining northern pike of a prohibited length while involved in a sport fishing derby. Amongst other things, a defence was raised based upon a right to fish pursuant to Treaty No. 6 of 1876. Upon review the evidence, the court rejected this defence because the defendants fishing activities were not …
Full Summary