Abstract
In 1984, Ronald Sparrow was charged under the federal Fisheries Act with fishing in the Fraser River in British Columbia with a drift net longer than permitted by the Musqueam First Nation’s food fishing licence. He admitted to fishing with such a net, but raised s 35(1) of the Constitution Act, 1982, as a defence. As a member of the Musqueam Nation, he claimed that he has an Aboriginal right, protected by that subsection, to fish for food, and that the restriction on net length interferes with this right and is therefore invalid. *The Indigenous Nations Court (INC) is not a real court and this is not an actual appeal. Kent McNeil, the author of this “judgment,” is an Emeritus Professor at Osgoode Hall Law School. He is not a judge.
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