Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights (Criminal) - Constitutional law - Right to equality - Discrimination based on race - Aboriginal peoples - Aboriginal rights - Fishing - Division of powers - Whether federal action to segregate a workplace by race or ancestry is consistent with s. 15 of the Charter or is saved by either s. 25 or s. 1 - Whether a federal fisheries program which imposes segregation, by race or ancestry, on the commercial salmon fishery in the public navigable waters of the tidal Fraser River, British Columbia, is consistent with s. 15 of the Charter - Whether the executive branch of government has constitutional and legislative authority to override the common law public right of fishery by licensing a separate and segregated commercial fishery restricted to members of aboriginal groups selected in the absolute discretion of the Minister - Whether a stay of proceedings against the Appellants was correctly entered by the trial court pursuant to s. 24 of the Charter.

In 1998 the federal Crown filed eleven informations charging 145 commercial gillnet fishers with fishing during a close time, contrary to s. 53(1) of the Pacific Fishery Regulations, 1993. They were charged with committing an offense contrary to s. 78 of the Fisheries Act, R.S.C. 1985, c. F-14, as amended. Fishing in the area was closed at that time to all except those authorized by a licence issued to the Musqueam, Burrard and Tsawwassen Indian Bands under the authority of the Aboriginal Communal Fishing Licences Regulations. The Appellants were participating in a protest fishery under the auspices of the B.C. Fisheries Survival Coalition to challenge the constitutionality of the licence, the policy and the Regulations. Ten of the informations were held in abeyance pending the trial on the eleventh. The Provincial Court imposed a stay of proceedings as a remedy under s. 24 of the Charter for a breach of the equality rights of the Appellants under s. 15(1). On appeal, the Supreme Court of British Columbia allowed a summary convictions appeal by the Crown. An appeal to the Court of Appeal for British Columbia was dismissed.