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Canada
Appeals court rules in favor of Native-only fishery


The British Columbia Court of Appeal on Thursday upheld a Native-only fishery on the Fraser River.

The court said the fishery does not violate the constitutional rights of non-Natives. The decision was unanimous.

The dispute originated when the B.C. Fisheries Survival Coalition staged a protest against the Native-only fishery. Non-Natives were arrested and charged with violating the law.

First Nations leaders hailed the ruling as a victory for their rights. But the non-Native group plans to take the case to Canada's Supreme Court.

Get the Story:
Court upholds aboriginal fishery rights (CBC 6/8)
B.C. Appeal Court rules native-only commercial fishery isn't race-based (CP 6/8)

Court Decision:
R. v. Kapp (June 8, 2006)

Related Stories:
Column: Tensions rising over First Nations fishery (06/07)
Report suggests drop in salmon due to Native fishing (03/23)
Non-Natives to challenge First Nation fishery (11/10)
Native-only fishery in British Columbia to resume (07/27)
British Columbia court upholds Native-only fishery (07/13)