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that Section 35(1) must be interpreted and
applied in a way that upholds the honour of the
Crown. It must also take into account the
Crown’s “historic fiduciary” relationship with
aboriginal people.

~ This means that Canada’s laws on aboriginal
rights must be interpreted in a useful and
meaningful way for aboriginal people. And
that the government and aboriginal peoples of
Canada must work together toward this goal.

The aboriginal right to fish, outlined in Section
35(1) of the Constitution, is a collective right.
This right is considered sui generis — of a unique
nature — and belongs to a distinct community.
This right is not acquired from Parliament but is
inherited by aboriginal people from their
ancestors.

~ This means that aboriginal fishing rights
belong to entire native communities (or
bands), not to individual band members. An
aboriginal person cannot drop a net just
anywhere in B.C. and claim to be exercising
an aboriginal right.

Band members can exercise their fishing rights
only in the traditional territory of their
aboriginal community (their band or tribal
council’s territory).