Courses

Law 396 - Fisheries Law

Course Material

Much of the material in this course is available on-line on publicly accessible databases. Links to some of the readings are provided below.

Cases

R. v. Robertson (excerpt)
In Re Provincial Fisheries (excerpt)

R. v. Nikal

R. v. Gladstone
R. v. Sparrow
R. v. Vander Peet

R. v. Marshall
R. v. Marshall
(motion for rehearing and stay)

R. v. Kapp (B.C.C.A.)

R. v. Smith
R. v. Chandler
R. v. Mood
R. v. Ulybel Enterprises Ltd.

Comeau's Seafoods Ltd. v. Canada (Minister of Fisheries and Oceans)
Joys v. M.N.R.
Smith v. Humchitt Estate

Fisheries Act and Regulations

Fisheries Act 1868
Fisheries Act

Aboriginal Communal Fishing Regulations, SOR/93-332
Fishery (General) Regulations
, SOR/93-53
Pacific Fishery Regulations, SOR/93-54
Pulp and Paper Effluent Regulations, SOR/92-269

Other Legislation

Canadian Environmental Assessment Act
Magna Carta
Oceans Act

Aboriginal Treaties

Douglas Treaties
Northwest Tribal Treaty
Nisga'a Final Agreement, Chapter 8 - Fisheries
Nisga'a Nation Harvest Agreement
Tsawwassen Agreement in Principle

Nisga'a Lisms Legislation and Regulations

Nisga'a Fisheries and Wildlife Act
Nisga'a Fisheries Regulations

International Treaties

United Nations Convention on the Law of the Sea (Selected Articles)

Fisheries Reports

Treaties and Transition: Towards a Sustainable Fishery on Canada's Pacific Coast. Donald M. McRae and Peter H. Pearse, April 2004.

Our Place at the Table: First Nations in the B.C. Fishery. A Report by the First Nations Panel on Fisheries (Russ Jones, Marcel Shepert, Neil Sterritt), May 2004.

Academic Commentary

Mark D. Walters, "Aboriginal Rights, Magna Carta and Exclusive Rights to Fisheries in the Waters of Upper Canada" (1998) 23 Queen's L.J. 301.

Newspaper Reports and Commentary

"Two million sockeye went missing", Scott Simpson, Vancouver Sun (Feb. 16, 2006)
"Researcher Vindicated by Crown's Report", Charlie Smith, The Georgia Straight (Aug. 24-31, 2006)