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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 24 hours and to sell their catch a group of commercial 

non-Indigenous fishers were precluded from rising the same area during this 24 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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