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Tuesday, July 29, 2003

A provincial court judge in British Columbia ruled on Monday that the Canadian government's Aboriginal-only fisheries violate the law.

Judge William Kitchen said the fisheries discriminate against non-Natives. "I have concluded that the pilot sales fishery is offensive as being analogous to racial discrimination," he wrote.

The ruling is drawing scorn from Native leaders, who say fishing is a right.

The Department of Fisheries and Oceans in 1998 started a pilot program to give First Nations an exclusive commercial catch. Non-Natives staged protests against the plan and were arrested. Kitchen stayed their prosecution.

Get the Story:
Native-only fishery 'discriminatory', says judge (CBC 7/28)
Judge rules against aboriginal-only fishery (CBC 7/28)

Get the Decision:
R. v. Kapp et al (July 28, 2003)

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