R V Gladstone
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''R v Gladstone'',
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2 S.C.R. 723 is a leading
Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...
decision on non-treaty Aboriginal rights under section 35 of the ''
Constitution Act, 1982 The ''Constitution Act, 1982'' () is a part of the Constitution of Canada.Formally enacted as Schedule B of the '' Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of the ''Constitution Act, 1982'' states that t ...
''. The Court modified the ''Sparrow'' test for the
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of Aboriginal rights to give more deference to the government in protecting commercial fishing rights.


Background

William and Donald Gladstone were members of the
Heiltsuk The Heiltsuk , sometimes historically referred to as ''Bella Bella'', or ''Híɫzaqv'' are an Indigenous peoples of the Pacific Northwest Coast, Indigenous people of the Central Coast Regional District, Central Coast region in British Columbia, ...
Band in British Columbia. They were both charged with selling herring spawn contrary to the federal ''Fisheries Act''. In their defence, the brothers claimed that they had a right to sell herrings under section 35 of the ''Constitution Act, 1982''. At trial, they presented evidence showing that trade of herring spawn was a significant part of the Heiltsuk band's way of life prior to contact. The Court found that the Heiltsuk have a pre-existing right to harvest Herring (eggs) and that there is a commercial component to this right.


Opinion of the Court

Chief Justice Lamer, for the majority, found that there was an aboriginal right to sell herring spawn under the ''Van der Peet'' test. In analyzing the rights infringement, he rejected prioritizing limited natural resources as described in ''R v Sparrow''. Instead, he suggested that in the regulation of commercial fishing the regard should be given to regional fairness among all people when distributing fishing resources.


See also

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List of Supreme Court of Canada cases (Lamer Court) This is a chronological list of notable cases decided by the Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate ...
*
The Canadian Crown and First Nations, Inuit and Métis The association between the monarchy of Canada and Indigenous peoples in Canada stretches back to the first interactions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were estab ...
*
Canadian Aboriginal case law Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''C ...
*
Numbered Treaties The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous Peoples in Canada, and the reigning monarch of Canada ( Victoria, Edward VII or George ...
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Indian Act The ''Indian Act'' () is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how t ...
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Section Thirty-five of the Constitution Act, 1982 Section 35 of the ''Constitution Act, 1982'' provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the ''Canadian Charter of Ri ...
*
Indian Health Transfer Policy (Canada) The Canadian Indian Health Transfer Policy provides a framework for the assumption of control of health services by Indigenous peoples in Canada and set forth a developmental approach to transfer centred on the concept of self-determination in heal ...
*
Heiltsuk The Heiltsuk , sometimes historically referred to as ''Bella Bella'', or ''Híɫzaqv'' are an Indigenous peoples of the Pacific Northwest Coast, Indigenous people of the Central Coast Regional District, Central Coast region in British Columbia, ...
*
Heiltsuk Nation The Heiltsuk Nation (Heiltsuk_dialect, Heiltsuk: ''Haíɫzaqv'') is a First Nations in Canada, First Nations government in the Central Coast Regional District, British Columbia, Central Coast region of the Canadian province of British Columbia, ...


External links

* {{DEFAULTSORT:Gladstone Canadian Aboriginal case law Canadian constitutional case law Supreme Court of Canada cases 1996 in Canadian case law