Fishing - Aboriginal Rights in British Columbia

Introduction 1 • What is this booklet about? 1 Aboriginal fishing rights: The Constitution and the Sparrow decision 3 • What is the Constitution, and what does it say? 3 • What is the Sparrow decision? 3 History 4 The court's decision 5 Important legal points 5 Fishing rights: Non-status and Metis Indians in British Columbia 9 The Aboriginal Fisheries Strategy: The Canadian government's response to the Sparrow decision 10 • What is the Aboriginal Fisheries Strategy? 10 • What are the goals of the AFS? 11 • How does the AFS work? 12 • What is an AFS agreement? 12 • Who enforces AFS agreements? 13 • Do I have to obey AFS regulations? 14 • What will happen when the AFS program is finished? 15 Where can I fish, and do I need a licence? 16 • Can a status Indian fish anywhere in B.C.? 16 • Does a status Indian need a licence to fish for food, ceremonial, or societal purposes in fresh and tidal waters in B.C.? 16 • Does a status Indian need a licence to sportfish in tidal waters in B.C.? 17 • Does a status Indian need a licence to sportfish in fresh waters in B.C.? 17 Map of B.C. First Nations 18 Can I sell my fish? 20 • Do aboriginal people have the legal right to sell fish commercially? 20 What the courts say - 20 What the government says - 20