Question
The federal government granted an Indigenous band the legal right to communally fish for salmon in the mouth of the Fraser River for a period
The federal government granted an Indigenous band the legal right to communally fish for salmon in the mouth of the Fraser River for a period of hours and to sell their catch a group of commercial
nonIndigenous fishers were precluded from rising the same area during this hour period. This second group
staged a protest, fished for salmon in the prohibited area, and were charged and convicted with fishing at a prohibited time. Their defence was that the communal fishing licence discriminated against them based on race. The Supreme Court ruled that the communal fishing license was constitutional as a proactive attempt to remedy historically disadvantage and upheld the conviction.
Questions:
A Use each of the three types of laws: Aboriginal law, Indigenous law, and Constitutional law, to explain the reasons for the decision made by the Supreme Court.
B Explain why you agree or disagree with the decision.
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