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Ahousaht Indian Band and Nation v Canada (Attorney General)

Australian Indigenous Law Review
Volume 13 Issue 2 (2009)

Abstract: There were four main issues for the Supreme Court to decide in this case. The first was whether the plaintiffs had a right to fish and to sell fish, which required proof that the plaintiffs' ancestors were in fact fishing and trading at the point of contact with Europeans. The second was whether the plaintiffs hold Aboriginal title to the fishing areas claimed and that they hold fishing rights as an economic component of that title. The third issue was whether, in the event that the Aboriginal fishing rights were found to exist, Canada's fishing regime prima facie infringes those rights. The fourth issue was whether, if fishing regime prima facie infringes those rights. The fourth issue was whether, if prima facie infringement was proven, the infringement is justified. infringement was proven, the infringement is justified.

To cite this article: Ahousaht Indian Band and Nation v Canada (Attorney General) [online]. Australian Indigenous Law Review, Vol. 13, No. 2, 2009: 129-131. Availability: <http://search.informit.com.au/documentSummary;dn=012932263667211;res=IELIND> ISSN: 1835-0186. [cited 28 Jun 16].

Source: Australian Indigenous Law Review, Vol. 13, No. 2, 2009: 129-131 Document Type: Journal Article ISSN: 1835-0186 Subject: Fishery law and legislation; Indians of North America--Fishing--Law and legislation; Peer Reviewed: Yes

Database: Indigenous Collection