Supreme Court of Canada Upholds a Separate Opening in the Commercial Fishery for Aboriginal Bands as Constitutional Aboriginal Law Bulletin July 2008 Click here to view the bulletin in PDF format. On June 27, 2008, the Supreme Court of Canada released its decision in R v. Kapp, 2008 SCC 41, dismissing a challenge to the constitutionality of an exclusive 24 hour opening in the commercial fishery for three aboriginal groups. The Court found the grant of communal fishing licences to the Musqueam, Tsawassen and Burrard First Nations did not infringe the appellants’ guarantee of equality under the law because it was an ameliorative program, aimed at improving aboriginal peoples’ disadvantaged position in Canadian society.

Lawyers Katey Grist Kevin O'Callaghan Services Aboriginal Law Offices Vancouver