Cases

Important First Nations and/or resource-based legal cases.

Lewis v. The Queen (1996)

"All three appellants, who are members of the Squamish Indian Band and reside at the Cheakamus Reserve, were charged with contravening the British Columbia Fishery (General) Regulations.

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R. vs NTC Smokehouse Ltd (1996)

"The appellant, a food processor, was charged under s. 61(1) of the Fisheries Act with selling and purchasing fish not caught under the authority of a commercial fishing licence, contrary to s. 4(5) of the British Columbia Fishery (General) Regulations, and with selling and purchasing fish caught under the authority of an Indian food fish licence, contrary to s. 27(5) of the Regulations.

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R. v. Van der Peet (1996)

"The appellant, a native, was charged with selling 10 salmon caught under the authority of an Indian food fish licence, contrary to s. 27(5) of the British Columbia Fishery (General) Regulations, which prohibited the sale or barter of fish caught under such a licence. The restrictions imposed by s.

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Haida v. The Queen (1997)

"The appellant, a native, was charged with selling 10 salmon caught under the authority of an Indian food fish licence, contrary to s. 27(5) of the British Columbia Fishery (General) Regulations, which prohibited the sale or barter of fish caught under such a licence. The restrictions imposed by s. 27(5) were alleged to infringe the appellant's aboriginal right to sell fish and accordingly were invalid because they violated s. 35(1) of the Constitution Act, 1982." British Columbia Court of Appeal ruling:

http://www.courts.gov.bc.ca/jdb-txt/ca/97/06/c97-0669.txt

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