Ahousaht decision affirming Aboriginal fishing rights stands

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The Supreme Court of Canada has rejected an attempt by Canada to appeal a victory by the Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht, and Tla-o-qui-aht First Nations on Vancouver Island.  The First Nations had won recognition from the BC Court of Appeal of a constitutional right to fish and sell fish (with the exception of geoduck) after a long and difficult litigation.  The Supreme Court’s decision means there are no more judicial avenues for Canada to challenge the First Nations’ fishing rights any more.

OKT was privileged to intervene in the BC Court of Appeal on behalf of the Saugeen Ojibway Nation.  The Crown at the Court of Appeal had tried to put forward a very narrow view of Aboriginal commercial harvesting rights, that would have made evidence of traditional social and ceremonial trading practices irrelevant in proving a modern commercial right.  The First Nations at the Court of Appeal, including SON, successfully resisted the Crowns’ argument on this issue.

The SCC’s decision to reject Canada’s application for leave to appeal means Canada has lost the chance to put forward such a narrow vision of Aboriginal rights before the Supreme Court.

Congratulations to the Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht, and Tla-o-qui-aht First Nations for winning recognition of their rights after such a protracted battle!

For more information on the BC Court of Appeal decision, please see OKT’s blog post.

By Senwung Luk