at

fish rises. The judge refused to rule on the aboriginal
right to fish for commercial purposes, and said the issue
should be resolved through negotiation.

The Van der Peet decision (June 1993)

The Van der Peet court case specifically addressed the
aboriginal right to legally sell fish. The case was heard
before five judges; three of the judges ruled against the
right to sell fish. Judge Lambert, who ruled in favour of
the aboriginal right to sell fish, said:

“Aboriginal fishing rights... include a right to catch
and, if they wish, to sell sufficient salmon to provide all
the people... with a moderate livelihood.”

The Van der Peet decision has been appealed. It will
be heard by the Supreme Court of Canada in late 1995
or early 1996.

The Jones and Nadjiwown decision (April 1993)

In southern Ontario, the Saugeen Ojibway Nation went
to court when the Ontario Ministry of Natural Resources
banned the sale of fish by aboriginal people and
established quotas on fish caught.

Judge Fairgrieve, of the Ontario Court Justice, ruled
that there is an existing aboriginal or treaty right to fish
for commercial purposes, and that the Saugeen Ojibway
band can decide how much it wants to fish. Today, this
ruling is commonly known as the Joves decision.

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