The Saugeen Ojibway band is the only aboriginal community in Canada that has a commercial fishing right recognized by a court of law as constitutionally protected under Section 35(1). : Note: The government has no plans to appeal the Jones decision. What the government says — The Department of Fisheries and Oceans says aboriginal people can sell fish if they have a negotiated sales agreement. (Approximately 25 bands in B.C. have one of these agreements, as part of the three AFS pilot projects on the sale of fish caught by aboriginal people.) Any sale of fish not covered by a negotiated sales agreement, or by commercial licence agreement, is illegal. 22