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New Aboriginal Fishing Decision

The Supreme Court of BC overturned the convictions of several aboriginal fishers arrested in 2001 for fishing during a DFO closure on the Fraser River. The judge noted that the trial judge did not consider adequately the aboriginal rights of the fishers based largely on their fishing preferences:

In failing to recognize the native fishers traditional preference for fishing the early sockeye runs, and the fact that these runs almost exclusively supported the culturally significant dry rack fishery, were the significant features of the aboriginal right to be considered in determining the question of first sight infringement.

The case citation is: R. v. Victor, Quipp, Douglas et al, 2007 BCSC 802.

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