[1990] 1 S.C.R. r. v. sparrow 1075
Ronald Edward Sparrow Appellant
v.
Her Majesty The Queen Respondent
and
The National Indian Brotherhood / Assembly
of First Nations, the B.C. Wildlife Federation,
the Steelhead Society of British Columbia,
the Pacific Fishermen's Defence Alliance,
Northern Trollers' Association, the Pacific
Gillnetters' Association, the Gulf Trollers'
Association, the Pacific Trollers' Association,
the Prince Rupert Fishing Vessel Owners' Association,
the Fishing Vessel Owners' Association of British
Columbia, the Pacific Coast Fishing Vessel Owners'
Guild, the Prince Rupert Fishermen's Cooperative
Association, the Co-op Fishermen's Guild, Deep
Sea Trawlers' Association of B.C., the Fisheries
Council of British Columbia, the United
Fishermen and Allied Workers' Union,
the Attorney General for Ontario,
the Attorney General of Quebec,
the Attorney General of British Columbia,
the Attorney General for Saskatchewan,
the Attorney General for Alberta
and the Attorney General of Newfoundland Interveners
indexed as: r. v. sparrow
File No.: 20311.
1988: November 3; 1990: May 31.
Present: Dickson C.J. and McIntyre 1 , Lamer, Wilson, La Forest, L'Heureux-Dubé and
Sopinka JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Constitutional law -- Aboriginal rights -- Fishing rights -- Indian convicted of fishing
with net larger than permitted by Band's licence -- Whether or not net length restriction
inconsistent with s. 35(1) of the Constitution Act, 1982 -- Constitution Act, 1982, ss.
35(1), 52(1) -- Fisheries Act, R.S.C. 1970, c. F-14, s. 34 -- British Columbia Fishery
(General) Regulations, SOR/84-248, ss. 4, 12, 27(1), (4).
Indians -- Aboriginal rights -- Fishing rights -- Interpretation -- Indian convicted of
fishing with net larger than permitted by Band's licence -- Whether or not net length
restriction inconsistent with s. 35(1) of Constitution Act, 1982.
SNIPPETS:
The National Indian Brotherhood / Assembly of First Nations, the B.C. Wildlife Federation,
Association, the Pacific Trollers' Association, the Prince Rupert Fishing Vessel Owners'
the Prince Rupert Fishermen's Cooperative
Association, the Co-op Fishermen's Guild, Deep Sea Trawlers' Association of B.C., the
Fishermen and Allied Workers' Union, the Attorney General for Ontario,
Constitutional law -- Aboriginal rights -- Fishing rights -- Indian convicted of fishing with
35of the Constitution Act, 1982 -- Constitution Act, 1982, ss.
Indians -- Aboriginal rights -- Fishing rights -- Interpretation -- Indian convicted of
Appellant was charged in 1984 under the Fisheries Act with fishing with a drift net longer
He admitted that the facts alleged constitute the offence, but defended the charge on the
An appeal to County Court was dismissed for similar reasons.
An aboriginal right is not extinguished merely by its being controlled in great detail by the
The nature of government regulations cannot be determinative of the content and scope of an
Section 35of the Constitution Act, 1982, at the least, provides a solid constitutional base
The approach to its interpretation is derived from general principles of constitutional
Legislation that affects the exercise of aboriginal rights will be valid if it meets the test
Federal power must be reconciled with federal duty and the best way to achieve that
Any allocation of priorities after valid conservation measures have been implemented must
Thomas R. Braidwood, Q.C., and James E. Dorsey, for the respondent.
Harry A. Slade, Arthur Pape and Louise Mandell, for the intervener the National Indian
It rejected the Crown's contention that the right was no longer existing by reason of its
The relationship between the Government and aboriginals is trust-like, rather than
Our history has shown, unfortunately all too well, that Canada's aboriginal peoples are
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