Prosecuting the Fishery: The Supreme Court of Canada and the Onus of Proof in Aboriginal Fishing Cases

Peggy J Blair

Prosecuting the Fishery: The Supreme Court of Canada and the Onus of Proof in Aboriginal Fishing Cases

Peggy J Blair

Dalhousie Law Journal

Research output: Contribution to journal › Article

Abstract

In Sparrow and other decisions, the Supreme Court of Canada has outlined certain tests which must be met by the Crown and defence in the trial of aboriginal fishing cases where s.35 rights are at issue. This article describes the shifting burdens of proof which have resulted from those tests. The author argues that the Supreme Court of Canada has imposed procedural and substantive requirements of proof on the defence which may in themselves be unconstitutional.

Original language	Canadian English
Journal	Dalhousie Law Journal
Issue number	1.0
Publication status	Published - Apr. 1 1997

Keywords

Supreme Court of Canada
aboriginal
fishing
Indigenous
Indian
and Aboriginal Law
Indian
and Aboriginal Law
Indian
and Aboriginal Law
treaty
Crown

Disciplines

Criminal Procedure
Indigenous, Indian, and Aboriginal Law

Access to Document

05 20DalhousieLJ1728199729Final published version, 3.44 MBLicence: Unspecified

Cite this

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KW - Supreme Court of Canada

KW - aboriginal

KW - fishing

KW - Indigenous

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KW - and Aboriginal Law

KW - Indian

KW - and Aboriginal Law

KW - Indian

KW - and Aboriginal Law

KW - treaty

KW - Crown

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Prosecuting the Fishery: The Supreme Court of Canada and the Onus of Proof in Aboriginal Fishing Cases

Abstract

Keywords

Disciplines

Access to Document

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