Canada Fishing Info

The case was launched when several dozen gillnetters operated by non-aboriginal fishermen began taking salmon from the Fraser River during a period reserved exclusively for fishermen from the Musqueam, Burrard and Tsawwassen native bands. Court of Appeal upheld a provincial Supreme Court finding that the fishermen were guilty of violating the Fisheries Act. The court has scheduled 32 cases for oral hearings this fall, including an important challenge to the notion of mandatory minimum sentences for certain offences deemed by Parliament to be of special significance - many of which involve the use of firearms. The Alberta Court of Appeal overturned the decision in a 2-1 ruling, saying the trial judge had no authority to create a "constitutional exemption" under which the officer could receive a lenient sentence. Lawyers for Constable Ferguson intend to argue that mandatory minimum sentences violate the Charter guarantee against cruel and unusual punishment. Lawyers for a 17-year-old youth who pleaded guilty to manslaughter intend to argue that it amounts to an unconstitutional "reverse onus" for the law to require young people to show why they should not be sentenced under adult provisions. read more

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